Alec Baldwin Charged
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@Horace said in Alec Baldwin Charged:
Is there an established narrative for how the live ammo got onto set and into the prop gun? tl;dr version?
No.
One theory is that Gutierrez got the ammo in a box from a supplier in LA. In the box, apparently, there were dummy rounds, blanks, and live rounds.
That box DID make it to the set.
@Renauda said:
he was manager in charge who handled the weapon and pulled the trigger
And the state's bar for proving guilt is pretty low:
- Did he point the gun at Hitchens?
- Did he pull the trigger?
- Was there a live round in the pistol?
- Was she killed?
That's it. They have no other burden than those simple things.
As I mentioned, New Mexico Supreme Court has, in the past, ruled that "I didn't know it was loaded" is not a valid defense.
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@Mik said in Alec Baldwin Charged:
. No mens rea. Baldwin had every expectation that the gun was safe.
Mens rea has nothing to do with it. If he had known the gun was unsafe, he would either not have fired it (in a scene where there was no camera rolling, by the way), or be on trial for murder, not homicide.
"Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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@George-K said in Alec Baldwin Charged:
@Mik said in Alec Baldwin Charged:
. No mens rea. Baldwin had every expectation that the gun was safe.
Mens rea has nothing to do with it. If he had known the gun was unsafe, he would either not have fired it (in a scene where there was no camera rolling, by the way), or be on trial for murder, not homicide.
I think it does.
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@Mik said in Alec Baldwin Charged:
@George-K said in Alec Baldwin Charged:
@Mik said in Alec Baldwin Charged:
. No mens rea. Baldwin had every expectation that the gun was safe.
Mens rea has nothing to do with it. If he had known the gun was unsafe, he would either not have fired it (in a scene where there was no camera rolling, by the way), or be on trial for murder, not homicide.
I think it does.
Mens Rea would be important on murder 1-3 charges, but not on involuntary homicide charges. These are charges based on negligence, not intent.
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"Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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@George-K said in Alec Baldwin Charged:
The drunk driver doesn't plan on killing anyone, but can be found criminally liable.
As in most things, I'm not in any way an expert, but couldn't somebody argue that Baldwin's case is closer to somebody servicing his car and failing to attach the brakes correctly? Is the fact that a movie gun was supplied with live rounds really be something he should be expected to predict?
Proud supporter of Plan 2525. Everything you think, do and say will be in the pill you took today.
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@Doctor-Phibes said in Alec Baldwin Charged:
Is the fact that a movie gun
It's not a "movie gun." It's a real pistol.
he should be expected to predict?
Yes. Watch the video that I posted. He knew it was a real gun. He cocked the hammer and pulled the trigger...in a scene that was not being filmed. They were blocking it.
Also, the SAG code of conduct (or whatever it's called) states that in the case of firearms on the set, the ultimate responsibility lies with the person holding the weapon. That's not a legal argument, but it's something that Baldwin, as a member of the SAG, should be aware of.
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Can we just go ahead and agree that always assuming a real gun is loaded without personally proving otherwise is a good idea?
Please love yourself.
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@Aqua-Letifer said in Alec Baldwin Charged:
Can we just go ahead and agree that always assuming a real gun is loaded without personally proving otherwise is a good idea?
Well yeah, we're also always told to never ever point a gun at anybody except in self-defence even when it isn't loaded, but this is a movie, and they have to point guns at each other.
I guess we'll see what happens in court.
Proud supporter of Plan 2525. Everything you think, do and say will be in the pill you took today.
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@Doctor-Phibes said in Alec Baldwin Charged:
I guess we'll see what happens in court.
The problem(s) include Baldwin's constantly changing story. When interrogated by police, the first time, he said that he had extensive experience with firearms. During a second interview, he said that he really didn't know about them.
He claimed he never pulled the trigger, which in a single-action revolver, is impossible to happen without cocking it first.
His comments to police (and press) are inconsistent and at times contradictory. Prosecutor Morrissey will not be kind.
Finally, speaking to mens rea, Baldwin's mind was somewhere else when Hutchins was being airlifted off the set. He was discussing his upcoming vacation with his family. Of course, that's legally irrelevant, but it goes to show you what an a-hole Baldwin is.
"Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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@George-K said in Alec Baldwin Charged:
The problem(s) include Baldwin's constantly changing story.
Yeah, he certainly doesn't appear to be the brightest bulb, and it's no real surprise that he's an asshole. God forbid, but if this should ever happen to me I'd be letting my lawyer do all the talking.
Proud supporter of Plan 2525. Everything you think, do and say will be in the pill you took today.
