Alec Baldwin did not appear at the first court hearing on the murder of Galina Hutchins - ForumDaily
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Alec Baldwin did not appear at the first trial for the murder of Galina Hutchins

Acclaimed actor Alec Baldwin has pleaded not guilty to manslaughter in connection with the death of Galina Hutchins on the set of Rust. On February 10, New Mexico prosecutors filed a formal indictment against Baldwin for manslaughter. Writes about it Fox News.

Photo: IStock

The American actor was expected to appear in court for the first time on February 24, but on February 23, he filed an administrative lawsuit waiving that right and presenting his plea of ​​not guilty. Hutchins died on October 21, 2021 after being shot by a gun held by Baldwin while filming Rust.

What's next

Baldwin's next in the lawsuit is a preliminary hearing. The date has not yet been set. A preliminary hearing is usually held instead of a grand jury. The judge will decide if there is good reason or sufficient evidence to bring charges against Baldwin.

According to experts, the standard of a preliminary hearing is much lower than the standard of a trial. However, according to former New York Attorney Michael Farkas, Baldwin's pretrial hearing may look different.

“This case raises such an important legal question as to whether Baldwin’s actions constitute a crime. His defense team needs to prove that even with the very low standard of a preliminary hearing, there is not enough evidence that a crime was committed,” he explained.

Public statements by the prosecution

During the course of the investigation, the prosecution made numerous public statements that turned the heads of legal experts.

More recently, a spokesman for the district attorney's office released a statement calling one of Baldwin's motions a "judicial diversion."

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“It's amazing that the prosecutor would say that because they usually say they have no comment on a pending case,” said John Fishwick, former U.S. Attorney for the Western District of Virginia. “Look for these and other comments they made to embarrass the team because Baldwin's team will react aggressively and say they are speaking inappropriately about the matter.”

Farkas, who is not involved in the trial, said the district attorney's office was "inappropriate and unprofessional" in deliberating the case, using public statements as "obvious attempts to influence the jury."

The prosecution announced what charges would be filed against Baldwin and others before formally filing documents, which legal experts say is not on "the protocol."

“According to protocol, you do not make announcements in advance,” said former U.S. Attorney for the District of New Mexico John Anderson. “This was failed on multiple levels by district attorneys.”

Expanded use of firearms

Baldwin was initially charged with manslaughter. The charge included the extended use of firearms. New Mexico law provides that this section can only be invoked in a prosecution if the gun was "branded," that is, the weapon was displayed with the intent to intimidate or injure a person. This was clearly not the case with Baldwin, meaning that if found guilty, he could face five years in prison.

Baldwin's lawyers argued that the prosecution made a "major legal error" by adding that gun clause because the law was passed after the shooting took place.

On February 17, the prosecutor's office removed this item.

"In order to avoid further litigation by Mr. Baldwin and his attorneys, the District Attorney and the Special Prosecutor removed the extended use of a firearm from the manslaughter charges in the death of Galina Hutchins," District Attorney spokeswoman Heather Brewer said.

“The district attorney should be ashamed,” said former federal prosecutor Niama Rahmani. “Backdating charges are a violation of the Constitution, and every first-year law student knows not to do that.”

Interview with Alec Baldwin

Baldwin made several mistakes himself, including in interviews with the media and police.

Immediately after Hutchins was shot dead on the set of Rust, Baldwin took part in an interview conducted by investigators, apparently without a lawyer present.

“When I fired the gun at the cameraman, I never aimed at the camera, I turned and walked like this,” he told investigators, folding his fingers into the gun and moving his hand over the table. - And she was there. And the gun fired. And she just fell straight to the ground."

Baldwin gave a highly anticipated candid interview in December 2021.

During an interview with George Stephanopoulos, the actor detailed the moment the gun was fired and made other statements regarding the fatal accident, including saying that he did not pull the trigger.

Alec Baldwin's statements to the public

Baldwin made several statements to the public after the shooting. He delivered a lengthy tirade in Vermont on October 30, 2021.

“This is an active investigation in terms of the death of a woman, she was my friend,” he said then about Galina. “We were a very, very well-coordinated team making a film together.” And then this terrible event happened. As I said, we look forward to the sheriff's department telling us what their investigation has led to. Occasional incidents happen on film sets from time to time, but nothing like this. This is one in a trillion."

Rachel Fiset, co-founder and managing partner of Zweiback, Fiset & Zalduendo, explained that any public statements made by Baldwin after the shooting could be used against him during a potential trial if an investigation proves they are not true.

Will we see Alec Baldwin in court

Several legal experts have said that the actor is at risk of facing trial.

“Now that the prosecution has lost all leverage and there is no risk of a mandatory five-year prison sentence, Baldwin and his lawyers are likely to take the case to trial,” Rahmani said. “They have a very strong defense, juries love celebrities, and even if Baldwin is found guilty, he faces a maximum of 18 months in prison.”

Criminal defense attorney Keith Mangels agrees that a legal win to remove the count from the charge could "build his confidence."

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“Now that the firearm enhancement has been removed, any potential jail time Baldwin faces is greatly reduced, and with it the risks associated with prosecution,” Mangels said. “In my opinion, this increases the likelihood that he will go to trial and fight for a not guilty verdict rather than admitting guilt through a plea agreement.”

The judge has set conditions for release that allow Baldwin to have limited contact with potential witnesses in connection with plans to wrap up Rust. Other provisions of Baldwin's pre-trial release include a ban on the consumption of alcohol and any possession of weapons, including firearms.

“The Defendant is only permitted to make contact with potential witnesses in connection with the completion of Rust and other related and unrelated business matters; provided, however, that the defendant is not permitted to discuss the incident in question,” Judge Mary Marlowe Sommer signed the order.

Work on Rust was halted due to Hutchins' death. Rust Movie Productions says filming will resume this spring without the use of real guns or ammo.

As ForumDaily wrote earlier:

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