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Alec Baldwin asks judge to dismiss charges in fatal 'Rust' shooting

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Alec Baldwin asks judge to dismiss charges in fatal 'Rust' shooting

Alec Baldwin has asked a New Mexico judge to dismiss involuntary manslaughter charges against him in the deadly “Rust” movie shooting, alleging misconduct by prosecutors who have overseen the long-running case.

A grand jury in Santa Fe County indicted Baldwin in January on two counts of involuntary manslaughter for his role in the October 2021 accidental death of “Rust” cinematographer Halyna Hutchins on the low-budget western movie set. If convicted, the 65-year-old actor could serve up to 18 months in prison.

On Thursday, Baldwin’s attorneys filed a motion to dismiss the indictment. In the 52-page petition, they detailed a series of alleged missteps that they said threatened Baldwin’s constitutional right to receive a fair trial. His criminal trial is set to begin July 10 in a Santa Fe courtroom.

In the motion, Baldwin’s lead attorney, Luke Nikas, accused special prosecutors Kari T. Morrissey and Jason J. Lewis of conducting a “sham” grand jury proceeding against Baldwin earlier this year. The closed-door hearing occurred on Jan. 18 — just one day before the grand jury panel’s term of service ended. Baldwin’s attorneys said special prosecutors called just seven witnesses during the hearing, and only one was a witness to the shooting. The attorneys also alleged that evidence that favored Baldwin was not presented to the grand jury.

The new allegations come after a series of high-profile mistakes last year by the previous set of prosecutors, including initially charging Baldwin with a criminal count that was not on the books in New Mexico when the fatal shooting occurred. After the first two prosecutors stepped down, Morrissey and Lewis took over the case nearly a year ago.

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Baldwin has pleaded not guilty to the charges.

“State prosecutors have engaged in this misconduct — and publicly dragged Baldwin through the cesspool created by their improprieties — without any regard for the fact that serious criminal charges have been hanging over his head for two and a half years,” Baldwin’s attorneys wrote in the motion to dismiss. “Enough is enough. This is an abuse of the system, and an abuse of an innocent person whose rights have been trampled to the extreme.”

Morrissey declined to comment. In an email, she said a response would be filed with the court later this month.

Earlier this month, Morrissey and Lewis won a conviction of the film’s armorer, Hannah Gutierrez. After a 10-day trial, a Santa Fe jury found the 26-year-old Arizona woman, who loaded the gun that day, guilty of involuntary manslaughter in Hutchins’ death. Gutierrez was taken into custody immediately after the verdict; her sentencing hearing is scheduled for April 15.

During Gutierrez’s trial, prosecutors introduced evidence that suggested Baldwin might also share responsibility for the tragedy by allegedly acting carelessly when handling his prop gun. Prosecutors played behind-the-scenes video from the set for jurors; one video from several days before the deadly shooting showed Baldwin rushing crew members to quickly reload his gun.

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In her closing argument, Morrissey told jurors in the Gutierrez case that Baldwin also must answer for his actions.

The tragedy on the set of “Rust” brought added scrutiny to on-set safety, a key concern among Hollywood film crews.

Just hours before the fatal shooting, “Rust” camera crew members had walked off the set, on a sprawling movie location south of Santa Fe, to protest what they saw as safety concerns. Camera crew members pointed to accidental gun discharges and a lack of nearby lodging. Baldwin was one of the film’s producers.

Because of the camera team’s exodus, the remaining crew members were running behind that day.

Just after lunch, Baldwin and Hutchins were rehearsing a scene that was meant to be a camera close-up of Baldwin — who was playing a hardened outlaw, Harland Rust — slowly pulling his Colt .45 revolver from his shoulder holster while sitting in a pew in a rustic church. Baldwin has acknowledged pointing the revolver at Hutchins, who was standing next to the camera, and cocking the hammer. He had been told the gun was “cold,” meaning it had no live ammunition inside. But the gun contained five so-called dummy rounds and an actual bullet.

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Baldwin has long maintained that he did not pull the gun’s trigger. Hutchins, the cinematographer, was standing two to three feet away when Baldwin’s gun discharged, firing the lead bullet that fatally struck her in the chest. The bullet also injured the film’s director, Joel Souza, who has recovered from his wound.

A month after the accident, Baldwin told ABC News anchor George Stephanopoulos: “I didn’t pull the trigger. … I would never point a gun at anyone and pull the trigger at them.”

Baldwin was first charged with involuntary manslaughter in January 2023. Prosecutors at that time added a “firearm enhancement” charge that carried a mandatory five-year prison sentence. But New Mexico’s Legislature and governor did not enact the law until months after the shooting. The first two prosecutors resigned from the case a year ago.

Soon after Morrissey and Lewis took over the prosecution, they dropped the charges against Baldwin “after Baldwin’s counsel proved to them, accurately, that the gun was modified and that the State had overlooked dozens of legal issues and facts,” according to Wednesday’s motion by Baldwin’s team.

At the time, the prosecutors said they reserved the right to refile the charges.

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After they dropped the charges, Baldwin traveled to Montana to resume the filming of “Rust.” Production of the movie wrapped last May. The film’s producers have been in talks with potential distributors in anticipation of the movie’s release.

Persistent questions about the gun’s condition at the time of the shooting are likely to be thorny for prosecutors.

Baldwin’s defense team has suggested the prop gun was faulty and may have malfunctioned, leading to its discharge — a theory that is expected to be a centerpiece of the actor’s defense should the case go to trial. His lawyers have pointed to the failure of the weapon during testing to support Baldwin’s recollection of his role in the tragic shooting.

However, ballistics experts — including one who testified for the prosecutors during Baldwin’s grand jury proceeding — have cast doubt on Baldwin’s claims.

An FBI forensic examiner who testified in Gutierrez’s trial said the gun — an Italian-made Pietta pistol, a replica of a vintage 1873 model — was operational when he received it a few months after the shooting. That analyst, Bryce Ziegler, said he performed a rigorous set of tests, including striking Baldwin’s prop gun several times with a “rawhide mallet” to determine whether bumping or jostling the weapon would result in a discharge. He said he was trying to simulate scenarios for the gun to go off without the handler pulling the trigger.

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The gun broke during testing.

Morrissey hired a respected Arizona gun expert, Lucien Haag, to review the evidence in the case, including the damaged gun.

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” Haag wrote in his August 2023 report.

After receiving Haag’s report and the behind-the-scenes video from the movie production, Morrissey and Lewis shifted gears, announcing last fall that they would take Baldwin’s case to the grand jury.

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Movie Reviews

Film reviews: ‘No Other Choice,’ ‘Dead Man’s Wire,’ and ‘Father Mother Sister Brother’

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Film reviews: ‘No Other Choice,’ ‘Dead Man’s Wire,’ and ‘Father Mother Sister Brother’

‘No Other Choice’

Directed by Park Chan-wook (R)

★★★★

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Brazil’s Wagner Moura wins lead actor Golden Globe for ‘The Secret Agent’

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Brazil’s Wagner Moura wins lead actor Golden Globe for ‘The Secret Agent’

Wagner Moura won the Golden Globe for lead actor in a motion picture drama on Sunday night for the political thriller “The Secret Agent,” becoming the second Brazilian to take home a Globes acting prize, after Fernanda Torres’ win last year for “I’m Still Here.”

“ ‘The Secret Agent’ is a film about memory — or the lack of memory — and generational trauma,” Moura said in his acceptance speech. “I think if trauma can be passed along generations, values can too. So this is to the ones that are sticking with their values in difficult moments.”

The win marks a major milestone in a banner awards season for the 49-year-old Moura. In “The Secret Agent,” directed by Kleber Mendonça Filho, he plays Armando, a former professor forced into hiding while trying to protect his young son during Brazil’s military dictatorship of the 1970s. The role earned Moura the actor prize at last year’s Cannes Film Festival, making him the first Brazilian performer to win that honor.

For many American viewers, Moura is best known for his star-making turn as Colombian drug lord Pablo Escobar in Netflix’s “Narcos,” which ran from 2015 to 2017 and earned him a Golden Globe nomination in 2016. He has since been involved in a range of high-profile English-language projects, including the 2020 biographical drama “Sergio,” the 2022 animated sequel “Puss in Boots: The Last Wish,” in which he voiced the villainous Wolf, and Alex Garland’s 2024 dystopian thriller “Civil War,” playing a Reuters war correspondent.

“The Secret Agent,” which earlier in the evening earned the Globes award for non-English language film, marked a homecoming for Moura after more than a decade of not starring in a Brazilian production, following years spent working abroad and navigating political turmoil in his home country as well as pandemic disruptions.

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Though he failed to score a nomination from the Screen Actors Guild earlier this month, Moura now heads strongly into Oscar nominations, which will be announced Jan. 22. “The Secret Agent” is Brazil’s official submission for international feature and has been one of the most honored films of the season, keeping Moura firmly in the awards conversation. Last month, he became the first Latino performer to win best actor from the New York Film Critics Circle.

Even as his career has been shaped by politically charged projects, Moura has been careful not to let that define him. “I don’t want to be the Che Guevara of film,” he told The Times last month. “I gravitate towards things that are political, but I like being an actor more than anything else.”

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Mana Shankara Vara Prasad Garu Review: USA Premiere Report

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Mana Shankara Vara Prasad Garu Review: USA Premiere Report

U.S. Premiere Report:

#MSG Review: Free Flowing Chiru Fun

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It’s an easy, fun festive watch with a better first half that presents Chiru in a free-flowing, at-ease with subtle humor. On the flip side, much-anticipated Chiru-Venky track is okay, which could have elevated the second half.

#AnilRavipudi gets the credit for presenting Chiru in his best, most likable form, something that was missing from his comeback.

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With a simple story, fun moments and songs, this has enough to become a commercial success this #Sankranthi

Rating: 2.5/5

First Half Report:

#MSG Decent Fun 1st Half!

Chiru’s restrained body language and acting working well, paired with consistent subtle humor along with the songs and the father’s emotion which works to an extent, though the kids’ track feels a bit melodramatic – all come together to make the first half a decent fun, easy watch.

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– Mana Shankara Vara Prasad Garu show starts with Anil Ravipudi-style comedy, with his signature backdrop, a gang, and silly gags, followed by a Megastar fight and a song. Stay tuned for the report.

U.S. Premiere begins at 10.30 AM EST (9 PM IST). Stay tuned Mana Shankara Vara Prasad Garu review, report.

Cast: Megastar Chiranjeevi, Venkatesh Daggubati, Nayanthara, Catherine Tresa

Writer & Director – Anil Ravipudi
Producers – Sahu Garapati and Sushmita Konidela
Presents – Smt.Archana
Banners – Shine Screens and Gold Box Entertainments
Music Director – Bheems Ceciroleo
Cinematographer – Sameer Reddy
Production Designer – A S Prakash
Editor – Tammiraju
Co-Writers – S Krishna, G AdiNarayana
Line Producer – Naveen Garapati
U.S. Distributor: Sarigama Cinemas

 Mana Shankara Vara Prasad Garu Movie Review by M9

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