Entertainment
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.
“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.
“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)
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.
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.
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.
Last year, Halls pleaded no contest to negligent use of a deadly weapon and received a suspended six-month sentence.
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‘Clayface’ trailer teases DC Studios’ first proper horror movie
The DC universe is going full on body horror.
DC Studios released its first trailer for “Clayface” on Wednesday, giving audiences a glimpse of the gruesome origins of the shape-shifting Batman villain.
Set to an eerie rendition of the Flaming Lips’ “Do You Realize??,” the teaser flashes among various images of up-and-coming Hollywood actor Matt Hagen (portrayed by Tom Rhys Harries) before and after a violent encounter as the camera slowly zooms toward his haunted eyes and bloody, bandaged face as he is recovering on a hospital bed.
The clip also includes footage of Hagen’s clay-like, malleable face, which he appears to gain after some sort of scientific procedure.
According to the DC description, “Clayface” will see Hagen transformed into a “revenge-filled monster” and explore “the loss of one’s identity and humanity, corrosive love, and the dark underbelly of scientific ambition.”
“Clayface,” set for an Oct. 23 release, will be the third DCU film to hit theaters since James Gunn and Peter Safran took over DC Studios and reset (most of) its comic book superhero franchise. The studio’s upcoming slate also includes “Supergirl,” which will hit theaters June 26, as well as “Man of Tomorrow,” the sequel to Gunn’s 2025 blockbuster “Superman,” announced for 2027.
Who is Clayface?
Clayface is a DC Comics villain usually affiliated with Batman. The alias has been used by a number of different characters over the years, but they all usually possess shape-shifting abilities due to their clay-like bodies. Created by Bill Finger and Bob Kane, the original Clayface was a washed-up actor turned criminal who first appeared in a 1940 issue of “Detective Comics.”
Matt Hagen was the name of the second Clayface, who first appeared in an issue of “Detective Comics” in the 1960s. He was the first to have shape-shifting powers, which he gained after encountering a mysterious radioactive pool of protoplasm.
Other versions of Clayface have been introduced in various media since.
Who is in ‘Clayface’?
The upcoming film stars Tom Rhys Harries as rising Hollywood actor Hagen. The cast also includes Naomi Ackie, who is seen in the trailer, reportedly as the scientist Hagen turns to for help following his disfigurement. Also set to appear are David Dencik, Max Minghella and Eddie Marsan, as well as Nancy Carroll and Joshua James.
Who are the ‘Clayface’ filmmakers?
Director James Watkins, known for horror films including “Speak No Evil” (2024), is helming “Clayface.” The script was written by prolific horror scribe Mike Flanagan (“The Haunting of Hill House,” “Doctor Sleep”) and Hossein Amini (“The Snowman”).
The producers are Matt Reeves, Lynn Harris, James Gunn and Peter Safran. Exective producers include Michael E. Uslan, Rafi Crohn, Paul Ritchie, Chantal Nong Vo and Lars P. Winther.
Movie Reviews
Miyamoto says he was surprised Mario Galaxy Movie reviews were even harsher than the first | VGC
Nintendo’s Shigeru Miyamoto says he’s surprised at the negative critical reception to the Super Mario Galaxy Movie.
As reported by Famitsu, Miyamoto conducted a group interview with Japanese media to mark the local release of The Super Mario Galaxy Movie.
During the interview, Miyamoto was asked for his views on the critical reception to the film in the West, where critics’ reviews have been mostly negative.
Miyamoto replied that while he understood some of the negative points aimed at The Super Mario Bros Movie, he thought the reception would be better for the sequel.
“It’s true: the situation is indeed very similar,” he said. “Actually, regarding the previous film, I felt that the critics’ opinions did hold some validity. “However, I thought things would be different this time around—only to find that the criticism is even harsher than it was before.
“It really is quite baffling: here we are—having crossed over from a different field—working hard with the specific aim of helping to revitalize the film industry, yet the very people who ought to be championing that cause seem to be the ones taking a passive stance.”
As was the case with the first film, opinion is divided between critics and the public on The Super Mario Galaxy Movie. On review aggregate site Rotten Tomatoes, the film currently has a critics’ score of 43% , while its audience score is 89%.
While this is down from the first film’s scores (which were 59% critics and 95% public) it does still appear to imply that the film’s target audience is generally enjoying it despite critical negativity.
The negative reception is unlikely to bother Universal and Illumination too much, considering the film currently has a global box office of $752 million before even releasing in Japan, meaning a $1 billion global gross is becoming increasingly likely.
Elsewhere in the interview, Miyamoto said he hoped the film would perform well in Japan, especially because it has a unique script rather than a simple localization as in other regions.
“The Japanese version is a bit unique,” he said. “Normally, we create an English version and then localize it for each country, but for the first film, we developed the English and Japanese scripts simultaneously. For this film, we didn’t simply localize the completed English version – instead, we rewrote it entirely in Japanese to create a special Japanese version.
“So, if this doesn’t become a hit in Japan, I feel a sense of pressure – as the person in charge of the Japanese version – to not let [Illumination CEO and film co-producer] Chris [Meledandri] down.
“However, judging by the reactions of the audience members who’ve seen it, I feel that Mario fans are really embracing it. I also believe we’ve created a film that people can enjoy even if they haven’t seen the previous one, so I’m hopeful about that as well.”
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