Baldwin argued destruction of evidence, specifically the Pietta 45 Colt revolver replica used in the shooting, prevented him from testing firearm in original state.
Halyna Hutchins was killed on 'Rust' movie set on October 21, 2021 when .45-caliber Colt prop revolver discharged a live round, fatally striking her. Director Joel Souza also injured.
Judge Mary Marlowe Sommer denied Alec Baldwin's motion to dismiss involuntary manslaughter charges in 'Rust' shooting case.
Judge Sommer ruled argument did not meet standard of potentially useful evidence and did not find state acted in bad faith.
Jury selection to begin on July 9, 2024. Baldwin faces up to 18 months in prison if convicted. He has pleaded not guilty.
Previous attempts by Baldwin's defense team to get case thrown out included argument that prosecutors failed to present critical evidence during grand jury proceeding. Hannah Gutierrez-Reed, movie's armorer, convicted of involuntary manslaughter in connection with Hutchins' death.
In a series of rulings, Judge Mary Marlowe Sommer has denied Alec Baldwin's attempts to dismiss the involuntary manslaughter charges against him in connection to the fatal shooting on the 'Rust' movie set. The latest motion was based on the destruction of evidence, specifically the Pietta 45 Colt revolver replica used in the shooting which was destroyed during FBI testing at the prosecution's request.
Baldwin's defense argued that they cannot test the firearm in its original state to determine if pulling the hammer would have resulted in a discharge. However, Judge Sommer ruled that this argument did not meet the standard of potentially useful evidence and did not find the state acted in bad faith in altering the firearm.
The ruling paves the way for jury selection to begin on July 9, 2024. Baldwin faces up to 18 months in prison if convicted. He has pleaded not guilty.
Halyna Hutchins was killed on the 'Rust' movie set on October 21, 2021, when the .45-caliber Colt prop revolver that Baldwin was holding discharged a live round of ammunition, fatally striking her. The bullet also injured director Joel Souza.
In previous attempts to get the case thrown out, Baldwin's defense team had argued that prosecutors failed to present critical evidence during a grand jury proceeding. Hannah Gutierrez-Reed, the movie's armorer, was convicted of involuntary manslaughter in connection with Hutchins' death.
Alec Baldwin's lawyers argued that the destruction of the gun used in the shooting violated his due process rights.
The gun required between two and two-and-a-half pounds of force to pull the trigger for it to fire.
Accuracy
]The gun in question required between two and two-and-a-half pounds of force to pull the trigger for it to fire.[
FBI firearms expert Bryce Ziegler testified that this much force was needed to pull the trigger.
Prosecutors have a report from their own weapons experts that the gun used on 'Rust' set had unexplained toolmarks on critical surfaces of the trigger and sear, which could have led to its accidental firing.
Deception
(100%)
None Found At Time Of
Publication
Fallacies
(80%)
The author makes an appeal to authority by quoting the judge's ruling directly. However, they also provide their own interpretation of the ruling and make assumptions about the intentions of the prosecution. This introduces some bias into their reporting.
]The Court finds and concludes that Defendant fails to establish that the State acted in bad faith when destroying certain internal components of the firearm in the course of accidental discharge testing.[
But Baldwin attorney Alex Spiro zeroed in on the apparent fact, outlined in the gun’s user manual, that the trigger could go off on its own when it was in a certain position.
Bias
(95%)
The author does not demonstrate any clear bias in the article. However, there are a few instances where the language used could be perceived as slightly favoring the defense's argument. For example, when describing Baldwin's lawyers' arguments against the destruction of evidence and due process violations, phrases like 'blundered ahead,' 'carefully documented,' and 'remains entitled to cross-examination of the State’s witnesses' could be seen as implying that there may have been some wrongdoing on the part of the prosecution. However, these instances are not egregious enough to warrant a significant deduction in scoring. The article primarily focuses on presenting facts and testimony from both sides of the case, without making any clear value judgments or taking a definitive stance.
But Baldwin attorney Alex Spiro zeroed in on the apparent fact, outlined in the gun’s user manual, that the trigger could go off on its own when it was in a certain position.
]The Court finds and concludes that Defendant fails to establish that the State acted in bad faith when destroying certain internal components of the firearm in the course of the accidental discharge testing[
Alec Baldwin's team claimed that the defense couldn’t recreate the examination as the gun used in the shooting was destroyed during forensic testing by the FBI.
Accuracy
No Contradictions at Time
Of
Publication
Deception
(100%)
None Found At Time Of
Publication
Fallacies
(95%)
The article contains some instances of inflammatory rhetoric and appeals to authority, but no formal or blatant logical fallacies were found. The authors describe the actions of the judge and prosecutors in a biased manner, implying that Baldwin's team is being treated unfairly. However, this does not constitute a logical fallacy as it is an opinion expressed by the authors and not an argument based on false premises or incorrect reasoning.
]The judge has not indicated whether she will entertain the new motion before the start of trial.[
Prosecutors had asked she be sentenced to the maximum prison time, citing a ‘complete and total failure to accept responsibility for her actions.’ In contrast, the defense had asked she be released on probation, arguing she has no prior criminal history and has a ‘record of prior good works and positive things.’[
Mr. Baldwin knew he had a real gun in his hand. Mr. Baldwin specifically asked for the biggest gun that was available. Mr. Baldwin knew and understood that dummy rounds look identical to live ammunition.[
Alec Baldwin's legal team argued for dismissal due to destruction of evidence, specifically the Pietta 45 Colt revolver replica used in the shooting which was destroyed during FBI testing at the prosecution’s request.
The defense claimed that Baldwin cannot test the firearm in its original state to determine if pulling the hammer would have resulted in a discharge.
Judge Sommer previously denied all previous attempts by Baldwin to have charges dismissed.
Accuracy
Alec Baldwin's involuntary manslaughter charges were not dismissed by the judge in a ruling filed on Friday.
The gun was central evidence to the case, but was 'unfortunately damaged' during FBI testing according to prosecutors.
Baldwin filed a fifth bid to have charges dropped while his legal team finished arguments in hearings on June 21 and June 24.
Actor Alec Baldwin faces a criminal trial for his role in the fatal accidental shooting of cinematographer Halyna Hutchins on the 'Rust' movie set.
Prosecutors have tried to prove that Baldwin pulled the trigger in the 2021 tragedy, killing Hutchins who was standing less than four feet away.
Accuracy
Actor Alec Baldwin faces a criminal trial for his role in the fatal accidental shooting of cinematographer Halyna Hutchins on the ‘Rust’ movie set.
Judge Mary Marlowe Sommer has allowed the trial to go forward as planned.
Baldwin has pleaded not guilty to the felony count of involuntary manslaughter, and his trial is expected to begin in a Santa Fe courtroom with jury selection on July 9.
Baldwin’s attorneys have asked that Baldwin’s indictment be dismissed, citing mistakes by investigators.
A crew member testified that they saw Baldwin pull the trigger on the day of the accident and other evidence suggests Baldwin acted recklessly throughout filming of ‘Rust’.
The Italian-made Pietta Colt .45 was a fully functional replica of an 1880s pistol, and became a central piece of evidence in the case.
Baldwin’s attorneys argued that the gun was prone to accidentally discharging due to fractures in its hammer and sear during FBI testing, but prosecutors deny this claim.
The state allegedly destroyed crucial evidence in the case without proper documentation, according to Baldwin’s attorneys.
Deception
(30%)
The article contains selective reporting as the author only reports details that support the prosecution's position. The author does not mention any evidence or arguments made by Baldwin's defense team. Additionally, there is emotional manipulation through phrases like 'fatal accidental shooting', 'tragedy', and 'low-budget western movie near Santa Fe'.
During a two-day hearing that concluded on Monday, Baldwin’s attorneys and the two special prosecutors spent hours quizzing the firearms experts, forensic analysts and the Santa Fe County Sheriff’s deputy who investigated the shooting.
The ruling by New Mexico First Judicial District Court Judge Mary Marlowe Sommer allows the trial to go forward as planned.
Prosecutors have offered other evidence they allege shows that Baldwin acted recklessly throughout filming of the low-budget western movie near Santa Fe and that he had a duty, as a producer, to make sure the film set was safe.
Fallacies
(75%)
The article contains an appeal to authority when it states that 'prosecutors last year hired a respected gun expert from Arizona who inspected the weapon and rebuilt the damaged section. The expert had planned to testify at the trial that the revolver was in good condition and that, in order for the gun to go off, Baldwin would have had to pull the trigger.' This is a fallacy because it relies on an expert's opinion without providing any evidence or reasoning. Additionally, there are inflammatory rhetorical statements such as 'Baldwin told investigators the gun just “went off.” His attorneys have asked that Baldwin’s indictment be dismissed, citing mistakes by investigators.' This is a false dichotomy as it presents only two options when discussing the responsibility for the accident and ignores other possible factors or parties involved. Lastly, there are examples of inflammatory rhetoric throughout the article when it refers to the incident as an 'accidental shooting' and 'tragic accident'.
Prosecutors last year hired a respected gun expert from Arizona who inspected the weapon and rebuilt the damaged section. The expert had planned to testify at the trial that the revolver was in good condition and that, in order for the gun to go off, Baldwin would have had to pull the trigger.
Baldwin told investigators the gun just “went off.” His attorneys have asked that Baldwin’s indictment be dismissed, citing mistakes by investigators.
The investigation into the “Rust” shooting has faced multiple setbacks. Blunders were made by law enforcement officers and the original team of prosecutors, who ultimately stepped aside from the case.
Bias
(95%)
The author does not demonstrate any clear bias in the article. However, there are a few instances where the language used could be perceived as slightly favoring the prosecution's position. For example, when describing Baldwin's attorneys' arguments about the condition of the gun and their request for evidence documentation, James writes that 'Prosecutors had long argued that the gun would not have just gone off.' This statement implies a degree of skepticism towards Baldwin's team and could be seen as implying that they are making an unreasonable argument. Additionally, when describing the destruction of the gun evidence by law enforcement, James writes that 'The state knowingly destroyed the most important piece of evidence in the case without taking even the most basic steps to document its original condition.' This statement is factually accurate but could be perceived as biased due to its strong language. However, overall, there is no clear pattern of bias in the article and James makes an effort to present both sides of the argument fairly.
]Prosecutors had long argued that the gun would not have just gone off.[
The state knowingly destroyed the most important piece of evidence in the case without taking even the most basic steps to document its original condition.
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