Maybe she learned her lesson. From the earliest reports, she actually unloaded the gun after the shooting and showed officers the spent round while she was talking to them. No idea what she said at the time.
Yes, which makes the DA’s handling of the case even more suspect to me. Like you, IANAL, but this seems like an especially weird move. Was it filed because she thinks it will work or because she didn’t realize the new law didn’t apply? Either way looks bad for her.
Looks like the Hutchins family isn’t quite as happy with Baldwin’s responsibility as it seemed. Gloria Allread and another lawsuit to be announced later today.
This quite puzzled me as the husband already settled–and once you settle the terms of the settlement would virtually always preclude another lawsuit.
Other media say something a bit different: it is the sister and parents filing the lawsuit–not including the husband:
Should have known better than to post a Daily Mail headline screamer. This makes a little more sense.
I’d guess this isn’t going to be the last suit we see filed in this case. I’ve wondered before if Souza will file some kind of suit after the film is released.
The Santa Fe County D.A. has gotta be a little embarrassed today
The D.A. initially tacked on the gun enhancement charge – i.e., using a gun to commit the crime. Problem is, at the time of the shooting, New Mexico law provided a gun enhancement charge could only apply if the gun was “brandished” – meaning the gun was displayed with intent to intimidate or injure a person. That’s clearly not the case with Baldwin.
Just read about this. I love this quote from the DA in another article:
Santa Fe District Attorney said in a statement: 'In order to avoid further litigious distractions by Mr. Baldwin and his attorneys, the District Attorney and the special prosecutor have removed the firearm enhancement to the involuntary manslaughter charges in the death of Halyna Hutchins on the ‘Rust’ film set.
‘The prosecution’s priority is securing justice, not securing billable hours for big-city attorneys.’
I mean, what the fuck? This didn’t have anything to do with Baldwin or his attorneys. You fucked up, own it. I swear to Dog, it’s almost impossible to get anyone to admit they were wrong or made a mistake. It’s like people think it would be a moral failure to actually take responsibility.
I really liked the dig about billable hours coming from a DA that had film of the actual shooting, multiple witnesses, but still spent an extra $350,000 to $650,000 over her office budget and took over a year to bring charges.
“Oh wow is poor little plucky hometown hero me having to face these big city rich bullies…”
OTOH, maybe that’s just typical “wait, what, they’re defending themselves?? attitude from a DA.
Seems like a variation on Unfrozen Caveman Lawyer. (Except that he was a competent lawyer.)
What utter bullshit. Any remaining benefit of the doubt that this DA is acting in good faith in the interests of justice is gone for me.
You can almost see the DA hooking his thumbs into his suspenders and opening up with, "Now I ain’t no Harvard educated lawyer. . . "
The School of Law of the University of New Mexico is New Mexico’s only law school. And the students from New Mexico who attended one of the big-time law schools are likely to move to NYC, Washington, D.C, Los Angeles, etc and practice there and not return to New Mexico. So the defense attorney who is going to stand up in court is very likely from the School of Law of the University of New Mexico. While Baldwin also has big-time New York lawyers to advice him they are not licensed to practice law in New Mexico.
It’s a trivial matter to get admitted for one case, pro hac vice.
I have no idea if he’s going to do that, but he can if he wants.
When I think of good criminal defense attorneys, I don’t think “fancy New York lawyer.” Members of the local criminal defense bar are in this court daily, and know the judges, juries, and local customs backwards and forward. If it were me, I’d look for the best in New Mexico rather than try to find someone in LA or NY.
New Mexico has reciprocity with 38 states, including NY, which I think means it’s just a bureaucratic process, no state bar exams required. For such a big case and with Baldwin’s resources, is it possible that one or more of his lawyers might just get licensed to practice in NM?
ETA: never mind, I see an actual lawyer has ninjaed!
Takes too much time to do it that way. I’ve “waived in” to two states. It takes a lot of paperwork and some time. And then you’re a mamber of the bar and have to meet their continuing edicution requirements, pay annual dues, etc. For one case, you just apply for permission. You fill out a form, pay a fee, and associate with local counsel.
That’s my thinking as well. You want someone who knows what works with New Mexico judges and juries, not what works in a Manhattan courtroom.
As a layman, when I think of good criminal defense attorneys, I think of OJ’s dream team.
DAs really don’t like it when the defense has resources. They prefer trials where the other side is so overworked hey can spend only a couple of hours researching each case. Their priority isn’t securing justice, it’s securing guilty pleas from people who can’t afford a lawyer.
Would SAG-AFTRA want to have counsel at the trial? It seems that what happens to Baldwin would have future consequences on future film projects.
More specifically, that’s what keeps their “performance” metrics up for when evals (in the case of ADAs and DA appointees) or election (for elected DA) come around.
But yeah, this sounds like preparing the terrain for a claim, when/if things fall apart, that Baldwin et al “bought” their way out to get off easy as opposed to that the prosecution stumbled. That is going to become the narrative. Heck, yesterday listening to NPR the news report about the change in charges never addressed prosecutorial error, just that “the defense argued that this particular article did not apply” without saying why.
It’s as if violating the Constitution is only a technicality.