• FuglyDuck@lemmy.world
    link
    fedilink
    English
    arrow-up
    144
    arrow-down
    7
    ·
    edit-2
    4 months ago

    I’m just gonna go ahead and say it.

    Failing to tell the defense they had the bullets recovered on set is a freaking stupid move. Like it’s incomprehensible how a prosecutor of any amount of experience- or even an intern at the office in their first week- could make such an abysmally stupid mistake.

    To put it another way: someone threw the case, intentionally.

    • ultranaut@lemmy.world
      link
      fedilink
      arrow-up
      73
      arrow-down
      4
      ·
      4 months ago

      Or, it really was a politically motivated trial and the prosecution was willing to cover up exculpatory evidence in order to manipulate the justice system. Either way, its damning.

      • FuglyDuck@lemmy.world
        link
        fedilink
        English
        arrow-up
        11
        arrow-down
        9
        ·
        4 months ago

        I fail to see how the cartridges can possibly be exculpatory.

        It doesn’t matter how they got in the gun, or if these were from a case on set. He doesn’t contest that that it went off while he was holding it. Only that it’s not his fault.

        • BananaTrifleViolin@lemmy.world
          link
          fedilink
          English
          arrow-up
          43
          ·
          edit-2
          4 months ago

          Manslaughter is about proving negligence or misconduct. The prosecution case was that Baldwin was at fault as he was negligent handling a gun with live ammunition.

          Part of Baldwins defence was that he did not know the gun had a live round in it.

          The new evidence was that the live ammo came from the props company, not the armourer, throwing doubt over whether the armourer or Baldwin knew there were live rounds on set or in the gun.

          That’s a hugely important part of the defence case, and also makes it much hard to prove involuntary manslaughter - it would be negligent to fire a gun knowing there is a live round in it, but if you did not know there were live rounds then does that meet the same level of negligence?

          Personally I thought the case against Baldwin seemed tenuous so I’m not surprised this new evidence ended the trial.

          This does raise serious questions about the safety of the armourers conviction. She might still be negligent as its unclear how live ammo from the prop company got on set without her knowing but she has not been able to answer that as the evidence was suppressed and she was convicted on the assumption it was entirely her fault the live ammo was on set.

          It raises even more serious questions about the behaviour and motivations of the new mexico prosecution team and investigators.

          • FuglyDuck@lemmy.world
            link
            fedilink
            English
            arrow-up
            5
            arrow-down
            22
            ·
            4 months ago

            The problem with this statement is that prop/inert cartridges are labeled and identified as such in ways that are usually fairly obvious.

            Like “loading” the cartridge with a steel ball bearing, and a used/fired primer cap (which has a divot from the hammer.) Thorough inspection would have identified them as inert.

            While it’s remotely possible they were so well crafted as to be virtually identical, that kind of thing would end the props company. They are very careful to always make the marking conspicuous- as long as you know to look for it. (Another common option is a somewhat large hole in the side of the casing.)

            And the indicators should have been gone over in a safety briefing so everyone knows. (And is trained in what to do on seeing a live round. “Hey! Live round! armorer!”)

            In any case Baldwin had a duty of care to handle the firearm safely. Part of that includes knowing its state. He did not clear the fire arm, and did not know its state. It becomes self evident they were not inert cartridges but rather live rounds given that we’re talking about Alina being shot.

        • APassenger@lemmy.world
          link
          fedilink
          arrow-up
          7
          arrow-down
          2
          ·
          edit-2
          4 months ago

          If you’re driving and your brakes mysteriously fail, consequently someone dies. Is it manslaughter?

          Edit: clarity.

          • halcyoncmdr@lemmy.world
            link
            fedilink
            English
            arrow-up
            16
            ·
            4 months ago

            Not quite, you’re ignoring the role of the armorer on set in your metaphor.

            If you just picked up your car from the mechanic after they were expected to check everything, including the brakes, and the brakes then fail causing you to crash and kill someone… Is it manslaughter? And if so, who is at fault?

            You were driving the vehicle, but you would obviously expect the brakes to be in working order since they were supposedly checked immediately before you started driving. The driver would almost certainly not be charged in that case, but the mechanic on the other hand would clearly be negligent, directly leading to the death.

            • APassenger@lemmy.world
              link
              fedilink
              arrow-up
              1
              ·
              4 months ago

              I’m not tho. One of the implications of the bullets being a little bit of everywhere was that it implied another source.

          • FuglyDuck@lemmy.world
            link
            fedilink
            English
            arrow-up
            3
            arrow-down
            15
            ·
            4 months ago

            Depends on why they failed and if you should have maintained your car better.

            It’s usually not all that mysterious. Brakes don’t just randomly fail for no reason.

            Let’s say they failed because of poor maintenance. Then yes.

            Let’s say they failed because there was a defect in the brake line that caused it to rupture in the high temperatures of summer. Then no.

            Baldwin failed a duty of care to ensure the weapon was cleared and in fact safe. He then failed a duty of care when handling that weapon in an extremely unsafe manner.

            To go with the analogy, he knew his brakes were failing and drove anyway.

              • FuglyDuck@lemmy.world
                link
                fedilink
                English
                arrow-up
                2
                arrow-down
                13
                ·
                4 months ago

                Then your analogy sucks. This wasn’t a random failure.

                As I said in the reply: Baldwin knew- or should have known- that he was handling the firearm unsafely, and that he shouldn’t handle it in an unsafe manner,

                • APassenger@lemmy.world
                  link
                  fedilink
                  arrow-up
                  6
                  ·
                  4 months ago

                  No. But with the withheld evidence now known… The armorer herself may not have been convicted and she’s certainly getting retried.

                  Those mistakes didn’t happen in a vacuum. But proving where that vacuum came from doesn’t have the same certainty that it did.

                  • FuglyDuck@lemmy.world
                    link
                    fedilink
                    English
                    arrow-up
                    2
                    arrow-down
                    9
                    ·
                    edit-2
                    4 months ago

                    That’s just it.

                    It doesn’t matter.

                    Baldwin had a duty of care to know. He didn’t know. And now someone is dead. Had he taken the 30 seconds to clear the firearm, “oh there’s something chambered. armorer identify these!” (Or taking one out and checking himself, cuz it’s that kind of production, I guess….”hey this doesn’t rattle!”)… Alina would probably be alive today.

                    While HGR does have blame as the armorer who allowed abysmally bad safety practices; she’s not alone in that blame.

                    And the other guy who pled out. Him too.

                    The only way they could get out of it is if the prop cartridges were so realistic that you can’t tell them apart. At all. And for obvious reasons no prop company will ever produce such cartridges.

    • Arbiter@lemmy.world
      link
      fedilink
      arrow-up
      18
      arrow-down
      10
      ·
      4 months ago

      Nah, this sort of shit happens all the time.

      Baldwin just has the power and influence to fight the charge.

      • FuglyDuck@lemmy.world
        link
        fedilink
        English
        arrow-up
        10
        arrow-down
        2
        ·
        4 months ago

        Not on high profile cases, no it does not.

        (Well, excluding Trump trials … Trump truly hires the best.)

      • Chozo@fedia.io
        link
        fedilink
        arrow-up
        17
        arrow-down
        10
        ·
        4 months ago

        I think you overestimate Baldwin’s current star power. These days, he’s a B-lister, at best. Aside from this trial, he hasn’t really been relevant in pop culture for a while now.

        He’s still rich, for sure. But I doubt he’s still rich enough to buy a judge, if he ever was to begin with.

        • OhNoMoreLemmy@lemmy.ml
          link
          fedilink
          arrow-up
          17
          arrow-down
          1
          ·
          edit-2
          4 months ago

          You don’t need to bribe a judge.

          You need enough money to have a team of lawyers grind through the evidence and find what’s been hidden.

          Compare this to having a public defender with limited resources. They basically have to trust the DA’s office.

          What’s depressing about this is the DA’s office is so used to getting away with this shady shit, that they can’t do their job properly even when they know they’re under a higher level of scrutiny. Think of all the average Joes that have been fucked over by these guys.

          Rich persons justice isn’t really about bribing your way out of things. It’s about having enough resources that you can force the system to behave, for you, in the way that it’s meant to.

          This is instead of the usual process that just steamrolls over every poor bastard that ends up in court.

        • Deceptichum@quokk.au
          link
          fedilink
          English
          arrow-up
          7
          ·
          4 months ago

          If there’s one thing we’ve discovered over the years, those in charge are surprisingly cheap to bribe.

        • LustyArgonian@lemmy.world
          link
          fedilink
          English
          arrow-up
          5
          ·
          edit-2
          4 months ago

          The Baldwins are extremely well connected. One of them is married to Justin Bieber. Who just got 10mil for performing at that 350mil Indian wedding. Alec is also a movie producer, which you cannot do if you have no money.

          What if that judge’s daughter is a huge Justin Bieber fan? Or wants front row tickets to a fashion show or backstage Coachella passes? Or attend a movie premiere? That’s all within his scope