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New Mexico judge denies Alec Baldwin's motion to dismiss criminal case in 'Rust' shooting

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New Mexico judge denies Alec Baldwin's motion to dismiss criminal case in 'Rust' shooting

A New Mexico judge denied a motion to dismiss the involuntary manslaughter case against Alec Baldwin, clearing the way for the high-profile actor to stand trial for his alleged role in the deadly “Rust” movie shooting.

New Mexico First Judicial District Judge Mary Marlowe Sommer’s decision late Friday was a setback to Baldwin and his legal team, who had argued that prosecutors were bent on winning a conviction of the 66-year-old actor-producer at all costs following the October 2021 accidental shooting of cinematographer Halyna Hutchins on the low-budget western movie set near Santa Fe.

Baldwin’s trial on the felony charge is expected to begin in July. If convicted, he would face a prison sentence of up to 18 months. He has pleaded not guilty.

In January, grand jurors in Santa Fe County indicted Baldwin on an involuntary manslaughter charge, determining there was sufficient evidence that he acted negligently by pointing a loaded gun at Hutchins without first checking the weapon.

After the indictment, Baldwin’s lawyers pored over transcripts of the grand jury proceedings to try to build a case that Special Prosecutor Kari T. Morrissey had at times shut down testimony that could have been beneficial to their client.

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“The state has sought to convict and imprison Baldwin for an accident caused by the mistakes of others,” Baldwin’s attorney Luke Nikas wrote in a motion to dismiss the indictment.

On Friday, Nikas and his law partner Alex Spiro said in an email: “We look forward to our day in court.”

In a hearing last week, Baldwin’s attorneys argued that Morrissey failed in her duty to provide testimony in a “fair and impartial manner.”

Marlowe Sommer on Friday wrote in her 19-page ruling that defense attorneys failed to provide evidence of “prosecutorial bad faith.”

To meet that definition, defense attorneys must show that the prosecutor deliberately misled the grand jury or engaged in “intentional misconduct,” the judge wrote, adding that was not the case in the Baldwin matter.

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“The court does not find that defendant has established prosecutorial bad faith,” Marlowe Sommer wrote.

At issue was whether grand jurors were fully informed that they could call witnesses from a list provided by Baldwin’s attorneys. The judge wrote that the special prosecutor read a letter from Baldwin’s side during the proceedings, and that jurors also were allowed to question witnesses.

“Although the State deferred certain questions, in many other instances, the grand jurors asked probative questions, and received complete answers from witnesses, without State interference,” Marlowe Sommer wrote.

Judge Mary Marlowe Sommer, center, talks with prosecutor Kari T. Morrissey, left, and Hannah Gutierrez’s defense attorney Jason Bowles during Gutierrez’s February 2024 trial in Santa Fe, N.M.

(Eddie Moore / Albuquerque Journal)

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On the afternoon of Oct. 21, 2021, Hutchins, Baldwin, Souza and about a dozen other crew members were gathered in a rustic church at Bonanza Creek Ranch, south of Santa Fe, to prepare for an upcoming scene. Assistant director David Halls, who was the on-set safety coordinator, handed the gun to Baldwin, declaring that it was “cold,” meaning there was no ammunition inside, according to numerous witnesses.

The actor was sitting in a pew, facing the door of the church. Hutchins and Baldwin had discussed a close-up camera angle of the gun’s muzzle — a view that Hutchins, the director of photography, wanted as a way to heighten the drama in advance of a gunfight scene. Baldwin has said Hutchins told him to slowly pull his Colt .45 revolver from his holster and point it at the camera.

He did, and that’s when the gun went off.

Hutchins died from her wounds. The film’s director, Joel Souza, was injured by the same bullet but has since recovered.

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Baldwin’s case has featured numerous twists and turns, including when the actor known for NBC’s “30 Rock” and parodying former President Trump in skits on “Saturday Night Live,” participated in an ABC News interview, broadcast in December 2021, less than six weeks after the tragedy. Baldwin described for news anchor George Stephanopoulos how he pointed the gun at Hutchins and cocked the hammer.

“I didn’t pull the trigger,” Baldwin said, blaming others for the tragedy.

Since then, investigators and FBI analysts have performed tests to demonstrate that Baldwin must have pulled the trigger.

However, during the FBI tests in 2022 at the agency’s lab in Quantico, Va., forensic analysts used a rawhide mallet to strike the gun so hard that components of the gun fractured. Baldwin’s attorney’s have cited the broken parts as evidence that the weapon was compromised before Baldwin handled it.

The first set of prosecutors had to step down after a string of missteps, including an attempt to charge Baldwin on a penalty enhancement that called for a mandatory five-year prison sentence. That penalty wasn’t in effect at the time of the tragedy. The initial prosecutors also made statements about holding Baldwin responsible for his actions, prompting criticism from defense attorneys that such commentary was prejudicial against the actor.

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Shortly after Morrissey and her law partner Jason J. Lewis joined the case last spring, they dropped the charges against Baldwin, saying they needed time to review evidence and address legal issues raised by Baldwin’s team.

Last week, Morrissey bristled at suggestions that it was problematic for her to seek an indictment after dropping the charges against Baldwin last year. She said it was Baldwin’s lead attorney, Luke Nikas, who asked for the charges to be dropped, and she agreed.

At the time, the prosecutors said they needed time to investigate whether the gun had been modified prior to its arrival on the film set, as Baldwin’s team has suggested.

Prosecutors have won two convictions for negligence leading to Hutchins’ death.

In March, a Santa Fe jury convicted armorer Hannah Gutierrez of involuntary manslaughter. Morrissey had argued that Gutierrez, whose job was handling the guns, was the most responsible for the tragedy. The jury deliberated only about two hours after hearing evidence during a two-week trial. Last month, Marlowe Sommer sentenced Gutierrez, 26, to the maximum sentence of 18 months in a New Mexico women’s prison.

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Last year, Halls pleaded no contest to negligent use of a deadly weapon and received a suspended six-month sentence.

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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Movie Reviews

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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