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Behind the spectacular collapse of the Alec Baldwin 'Rust' shooting prosecution

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Behind the spectacular collapse of the Alec Baldwin 'Rust' shooting prosecution

The spectacular collapse of New Mexico’s criminal prosecution of Alec Baldwin in the deadly “Rust” movie shooting laid bare nearly three years of errors by state officials who were eager to prove themselves on a world stage.

Legal experts had long said it was a risk to charge Baldwin with involuntary manslaughter, a felony, for the 2021 death of cinematographer Halyna Hutchins, whom the actor accidentally shot while preparing for a scene with a firearm. Baldwin had been told — incorrectly — that his prop gun contained no actual ammunition.

New Mexico First Judicial District Court Judge Mary Marlowe Sommer threw out Baldwin’s charge late Friday following a day-long hearing in which defense attorneys alleged Santa Fe County deputies and a special prosecutor concealed potential evidence — a bag of bullets an Arizona retired police officer turned in after the incident — that may have proved helpful to Baldwin’s case.

Judge Mary Marlowe Sommer, center, questions special prosecutor Kari T. Morrissey, second from left, Friday in Santa Fe, N.M., about evidence not turned over to defense attorney Alex Spiro, second from right, during actor Alec Baldwin’s trial alleging involuntary manslaughter during filming of the movie “Rust.”

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(Eddie Moore / Associated Press)

“If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith to show signs of scorching,” Marlowe Sommer said, directing her scorn at prosecutor Kari T. Morrissey.

Baldwin, who had been facing an 18-month prison sentence if convicted, sobbed as he heard the decision.

Legal experts were stunned at what they said was the prosecution’s botching of the case. “What a catastrophic end to this case for the special prosecutor,” said Santa Fe attorney John Day, who was not involved in the case. “It was a disaster — a complete train wreck.”

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Three days into the trial, Baldwin’s high-powered legal team had successfully steered the case away from issues Morrissey wanted to explore, including evidence Baldwin may have pulled the trigger. They focused on an investigation that failed to answer a central question in the “Rust” shoooting: Where did the live rounds originate?

The Baldwin criminal case may have been doomed from the start.

Santa Fe Sheriff's Office Lt. Brian Brandle testifies during the trial

Santa Fe Sheriff’s Office Lt. Brian Brandle testifies during the trial of actor Alec Baldwin on Friday at Santa Fe County District Court in Santa Fe, N.M.

(Ramsay de Give / Associated Press)

Santa Fe County sheriff’s deputies arriving at western movie location Bonanza Creek Ranch near Santa Fe on Oct. 21, 2021, were rattled by the mayhem. Two victims lay bleeding on the floor of an old wooden church, Hutchins and director Joel Souza. Armorer Hannah Gutierrez Reed appeared to be having a panic attack. Baldwin declined a deputy’s invitation to sit in a patrol car, saying he was smoking a cigarette.

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Law enforcement officers were gobsmacked: How could two people filming a movie be shot with a prop gun held by one of Hollywood’s most famous actors?

As journalists from around the world descended on Santa Fe, the sheriff and district attorney projected swagger. The sheriff was preparing for a reelection fight. At a news conference six days after the shooting, Dist. Atty. Mary Carmack-Altwies was asked whether Baldwin might be charged. “All options are on the table,” she told the crowd.

Pressure quickly mounted after Baldwin told ABC News anchor George Stephanopoulos that he didn’t pull the trigger. Gun enthusiasts howled, saying that gun model doesn’t fire on its own.

The set of "Rust" at Bonanza Creek Ranch has several buildings and vehicles nearby.

Bonanza Creek Ranch one day after Halyna Hutchins died on set.

(Roberto E. Rosales / Albuquerque Journal)

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By year’s end, sheriff’s detectives had made mistakes that would haunt the case.

The movie’s prop master threw bullets from other actors’ weapons into the trash. The “Rust” prop truck, which held guns and ammunition, wasn’t searched for nearly a week. And it took another month before detectives showed up with a warrant at the Albuquerque prop house of weapons and ammunition provider, Seth Kenney.

The deputies found the military green ammo box they were looking for — Thell Reed, the armorer’s father, told investigators it contained live bullets that may have been the same batch as those on “Rust” — but it was empty.

Baldwin’s team asserted it was Kenney who co-mingled real bullets with dummies — an allegation that Kenney has denied, including while testifying Friday.

Adding another wrinkle, violent tests of Baldwin’s revolver at the FBI Laboratory in Virginia in mid-2022 fractured key gun components.

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“I don’t think anyone would say this was a good, clean law enforcement investigation,” Day said. “And the prosecutors compounded the problems with their own missteps and poor judgment calls.”

After more than a year of investigating, the sheriff shipped the case to prosecutors so they could make charging decisions. The D.A. had hired a special prosecutor to help. It looked like a powerful team.

Carmack-Altwies was a progressive Democrat. The first special prosecutor, Andrea Reeb, was a Republican who championed gun rights.

But emails between the pair, later turned over to Baldwin’s team, revealed that Reeb had joked that prosecuting Baldwin could boost her state House campaign. To some, the disclosure made it look like Baldwin’s prosecution was politically motivated because many conservatives dislike Baldwin, who lampooned former President Trump on NBC’s “Saturday Night Live.”

Further, prosecutors blundered in January 2023 by adding a “gun enhancement” when filing involuntary manslaughter charges against Baldwin and Gutierrez Reed. The enhancement carried a mandatory five-year prison sentence but wasn’t on the books at the time of the “Rust” shooting, forcing prosecutors to scale back.

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Reeb stepped down and Carmack-Altwies soon followed. That’s when Morrissey, a respected Albuquerque criminal defense lawyer, dug into the case.

Baldwin’s lead attorney, Luke Nikas, flew to New Mexico. He gave Morrissey evidence that he said showed Baldwin’s gun had been modified before arriving on set, according to court filings. With little time before a pivotal hearing, Morrissey dropped charges against Baldwin.

Attorney Luke Nikas rubs his eyes during actor Alec Baldwin's trial while other people are seated next to him.

Attorney Luke Nikas reacts during Baldwin’s trial for involuntary manslaughter Friday at Santa Fe County District Court in Santa Fe, N.M. The judge threw out the case against Baldwin in the middle of his trial and said it cannot be filed again.

(Ramsay De Give / Associated Press)

The “Rust” star immediately traveled to Montana to finish filming the movie. Meanwhile, Morrissey ordered more tests to determine whether Baldwin’s gun had a hair-trigger, as the defense team suggested.

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Arizona gun expert Lucien Haag rebuilt the revolver, and ultimately concluded the gun hadn’t been modified. He was also convinced Baldwin pulled the trigger.

By last summer, tensions between Morrissey and Baldwin’s team were growing. But Morrissey offered Baldwin a deal in October to plead guilty to negligent use of a deadly weapon, a misdemeanor, and receive a suspended sentence. Weeks went by with no answer. Then Morrissey learned Baldwin’s team had shared the plea details with NBC News and planned to sue the state of New Mexico. Baldwin also allegedly pressured a crew member to be interviewed in a documentary Baldwin commissioned about himself, according to an April court filing by the prosecutor.

Morrissey withdrew the offer, sending the case to a grand jury. Baldwin was indicted in January and pleaded not guilty.

The trial, which began Wednesday, was to be the most-publicized court action in New Mexico’s 112-year history. Legal experts saw it as a huge gamble by the prosecution.

“This case clearly should not have been criminally brought,” New York defense attorney Duncan Levin said Thursday. “The shooting was a tragic mistake but mistakes are not crimes.”

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It wasn’t long before the case brought by Morrissey and fellow prosecutor Erlinda O. Johnson started to fall apart. Baldwin’s team filed a motion to dismiss the case after the second day of testimony. Marlowe Sommer called an 8:45 a.m. hearing Friday for the lawyers and told the jury to report by 9:30 a.m.

Spiro began Friday’s hearing by accusing Morrissey of signaling directions to her witnesses. Nikas then launched into a litany of alleged evidence violations, stemming from a bag of bullets that Troy Teske, a retired police officer who lives in Arizona, turned over to the Sheriff’s Office in March — potential evidence that was not disclosed to the defense.

Actor Alec Baldwin closes his eyes as he sits between his attorneys.

Actor Alec Baldwin, center, reacts as he sits between his attorneys Alex Spiro, left, and Luke Nikas after the judge threw out the involuntary manslaughter case against him Friday.

(Ramsay de Give / Associated Press)

Morrissey insisted the envelope contained nothing of “evidentiary value” because the bullets remained in Arizona — far from the “Rust” set.

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“This defies everything they teach you in law school, and when starting out as a prosecutor,” University of New Mexico law professor Joshua Kastenberg said. “Prosecutors should never determine what evidence is relevant — that’s up to a judge.”

With a stern look, the judge donned blue latex gloves and opened the evidence envelope with scissors.

Marlowe Sommer directed crime scene technician Marissa Poppell to categorize the bullets.

Gasps rippled through the courtroom when it was revealed that three bullets had casings stamped with Starline Brass — the identifying marker of the deadly bullets on “Rust.”

Furious, the judge scrapped the day of testimony and sent home the jurors who had been waiting in a back room. Johnson, the new prosecutor, resigned from the case and took a seat on a bench reserved for the public.

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Special prosecutor Kari T. Morrissey holds out her hands while standing and looking at a laptop screen in court.

Special prosecutor Kari Morrissey talks about evidence not turned over to the defense during actor Alec Baldwin’s trial Friday.

(Eddie Moore / Associated Press)

The two sides clashed over the value of the Teske bullets. Teske was a former friend of Kenney, the ammo provider, and a current friend of Thell Reed. Baldwin’s lawyers argued the bullets might show a connection to Kenney, one of Morrissey’s main witnesses.

Morrissey disagreed, saying the bullets only pointed to Thell Reed. She has alleged his daughter brought some to the “Rust” set.

The judge also was deeply troubled that sheriff’s deputies logged the Teske bullets under a different case number, not the one for “Rust” evidence, making it impossible for defense attorneys to find on their own.

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Marlowe Sommer grilled the lead detective, Alexandria Hancock. The judge asked whether Morrissey had participated in discussions this spring about the Teske bullets.

“Yes,” Hancock said. Louder gasps were heard in the courtroom.

At the end, Morrissey took to the witness stand to defend her conduct in the case. The judge was not swayed.

“There was no excuse for what happened from a prosecutorial standpoint,” Kastenberg said. “The recriminations are just starting.”

Hilaria Baldwin speaks to husband, Alec Baldwin, and wraps her arms around his neck while he looks down.

Hilaria Baldwin, right, speaks to her husband, actor Alec Baldwin, at his trial Friday.

(Ramsay de Give / Associated Press)

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“Rust” legal wranglings are not over.

Certain civil lawsuits against Baldwin and the producers, including from Hutchins’ family members, remain unresolved.

“We respect the court’s decision,” said Brian Panish, lawyer for Hutchins’ husband, Matthew, after the judge dismissed Baldwin’s criminal case. “We look forward to presenting all the evidence to a jury and holding Mr. Baldwin accountable for his actions in the senseless death of Halyna Hutchins.”

Actor Alec Baldwin hugs wife Hilaria Baldwin

Actor Alec Baldwin hugs wife Hilaria Baldwin after District Court Judge Mary Marlowe Sommer threw out the involuntary manslaughter case against Baldwin on Friday.

(Luis Sánchez Saturno / Associated Press)

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Gloria Allred, who represents the victim’s Ukranian family, added: “The dismissal of the criminal case against Alec Baldwin is in no way, shape or form an exoneration of him.”

Others took a more charitable view, including LeAnn Brightwell, 80, who moved to Santa Fe two years ago from Palm Desert.

“I never thought he was guilty of murder; they shouldn’t have charged him,” Brightwell said. “What a horrific thing to know that you killed someone — that’s punishment enough.”

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Movie Reviews

Movie review: Supergirl is a blast

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Movie review: Supergirl is a blast

Last year’s “Superman” ended with Iggy Pop singing “Because I’m a punk rocker, yes I am” — an ironic coda for a superlatively square hero. But it rings straightforwardly true for Superman’s cousin.

Milly Alcock’s Kara Zor-El, or Supergirl, sports not a spandex suit but a Blondie T-shirt. When we meet her in Craig Gillespie’s “Supergirl,” she’s been on an interstellar bender for days. She’s more Courtney Love than Clark Kent.

Nonchalant and sarcastic, Kara is also a little Han Solo-ish, you might say, given that she moves capriciously through the galaxy in her junky spaceship while getting in fights in extraterrestrial bars. She’s a welcome, jagged riff on more buttoned-up superheroes, and Alcock is terrific in the role. If only “Supergirl” was as good as she is.

While the latest DC release, and second under James Gunn’s stewardship, has its moments, “Supergirl” struggles to match Kara’s punk-rock energy with an equally spirited supporting cast and story.

Skepticism seems to have gathered for “Supergirl” ahead of its release. Many fans have argued it wasn’t the right next step for DC Universe. But I’m not so sure. Alcock’s breezy cameo in “Superman” was one of that movie’s highlights. Handing the follow-up to her, and her faithful floating dog Krypto, strikes me as an extremely natural next step. When in doubt, follow the dog.

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And much of “Supergirl” is winning. It resides almost entirely in space, touching down only momentarily on Earth. In its consistently creative production design, clever needle drops and underdog story arc, “Supergirl” resides a little closer to Gunn’s “Guardians of the Galaxy” movies than other DC entries. Its outer space is filled with cosmic detritus, mean characters and cute critters. Seth Rogen as the voice of a tiny alien co-piloting a space bus is an inspired concoction, as is a shabbier sci-fi realm with rest stops along the intergalactic highway.

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Justin Baldoni and wife break silence after ‘It Ends With Us’ legal battle with Blake Lively

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Justin Baldoni and wife break silence after ‘It Ends With Us’ legal battle with Blake Lively

Justin Baldoni has broken his silence after reaching a settlement in a lengthy and highly publicized legal dispute with Blake Lively.

Baldoni and his wife, Emily Baldoni, presented a united front in an Instagram video the couple shared Wednesday that began, “So we have not spoken publicly for the better part of the last two years, and it’s not because we haven’t had anything to say, because Lord knows we have.”

The “It Ends With Us” actor and director said that although they’d wanted to address the debacle that involved dueling lawsuits with Lively, nearly two years of tit-for-tat fodder and culminated in a confidential settlement, “something was telling us not to.”

The couple said they prayed about when to make a public statement. “This feels like the moment,” Emily said.

“What does feel important,” she continued, “is that we can genuinely say that we are sitting here today feeling immense gratitude for so many things and so many people and so many things that have happened to us.”

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“Gratitude has saved us,” Justin added.

“I also feel that it’s important as we say that — in that gratitude — it doesn’t negate the injustice and the pain that we have also felt in the last few years, and we’ve had to wrestle with so many things and try to understand so many things,” Emily said. “How could something like this even happen? Let alone disguised as a fight for women. So much to unpack. And the truth is, reality is, is that there’s been a lot of trauma for us to move through as a family, which also makes it hard to speak.”

“We don’t even know this is the right thing to say, but we just know we need to share something,” Justin said. “What I will say is that there have been so many painful things that have been spoken into existence — “

“Untruthful,” Emily broke in.

“We didn’t want to add to the noise, so we just wanted to let the justice system run its course,” he said.

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“And the truth and the facts have spoken for themselves,” Emily said.

The couple’s statement comes a year and a half after Lively filed a bombshell lawsuit against Baldoni alleging sexual harassment, retaliation and several other charges on the heels of a messy “It Ends With Us” summer release and press tour that fueled rumors of on-set turmoil.

Less than a month after the allegations against Baldoni rallied Hollywood against him, he countersued Lively, her publicist Leslie Sloane and her husband, Ryan Reynolds, for $400 million in damages, claiming they’d smeared his name in the press and wrestled away his control of the film. His suit was later dismissed.

In May, two weeks ahead of the trial, Lively and Baldoni reached an agreement to resolve their legal dispute, bringing an abrupt end to the contentious battle.

“The parties in the Blake Lively and Wayfarer Studios litigation have reached an agreement to resolve the matters,” lawyers for both sides said in a joint statement.

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“The end product — the movie ‘It Ends With Us’ — is a source of pride to all of us who worked to bring it to life. Raising awareness, and making a meaningful impact in the lives of domestic violence survivors — and all survivors — is a goal that we stand behind. We acknowledge the process presented challenges and recognize concerns raised by Ms. Lively deserved to be heard. We remain firmly committed to workplaces free of improprieties and unproductive environments. It is our sincere hope that this brings closure and allows all involved to move forward constructively and in peace, including a respectful environment online.”

In June, a federal judge ordered Baldoni and his production company to pay Lively’s attorney fees related to his unsuccessful defamation lawsuit against her, but rejected her bid for additional damages.

“So, how are we doing?” the filmmaker said in the Instagram video. “We are healing, and if you’ve ever been through something traumatic, you know that healing isn’t linear. It lives different every day, and we have had to rethink for ourselves what is real. What matters, and it’s this. It’s our family. It’s our friends. It’s our community. It’s our faith.”

Times staff writer Josh Rottenberg contributed to this report.

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‘The Guest’ Review: Trine Dyrholm Gives a Scorcher of a Performance in a Gutsy Danish Party-Gone-Wrong Drama

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‘The Guest’ Review: Trine Dyrholm Gives a Scorcher of a Performance in a Gutsy Danish Party-Gone-Wrong Drama

A family and friends gather for a naming-day ceremony at a Danish seaside hotel, but an unexpected appearance by one uninvited attendee (Trine Dyrholm) ruptures the veil of bland, happy-clappy familial unity in director Mads Mengel’s gutsy, well-wrought debut feature, The Guest.

The most audacious move here may be Mengel and co-screenwriter Christian Bengtson’s choice to write something that will inevitably invite comparisons with Festen (The Celebration), arguably the most notorious Danish-language film of the last 30 years, which similarly revolved around a bougie gathering disrupted by angry revelations. But there’s a savvy 2026 vibe about the way the film refuses to create florid melodrama out of quotidian crisis, and instead observes with generosity as the characters grope awkwardly toward emotional détente and mutual forgiveness.

The Guest

The Bottom Line

When wetting the baby’s head goes too far.

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Venue: Karlovy Vary Film Festival
Cast: Simon Bennebjerg, Trine Dyrholm, Josephine Park, Peter Gantzler, Petrine Agger, Mette Klakstein Wiberg, Kristine Kujath Thorp, Buster Lund Luscher
Director: Mads Mengel
Screenwriter: Christian Bengtson, Mads Mengel

1 hour 40 minutes

Festen-alumnus Dyrholm, having a bit of a career moment with outstanding performances both here and in the recent The Girl With the Needle among others, leads a uniformly excellent cast in a work that deserves celebration on the festival circuit and beyond.

Dyrholm’s Vibeke is technically the first person we meet, although she’s seen only in shadow at first as she smokes and drives while her unattached seatbelt, caught outside by a closed door, clatters on the road. This is the kind of unsafe driving her son Karl (Simon Bennebjerg) so deplores, a point of contention later on in the story when he will steal her car keys in interest of her own safety and that of others.

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But well before we get to that flashpoint, the film introduces Karl, effectively the film’s protagonist, as he arrives at the swanky resort with his wife Emilie (Mette Klakstein Wiberg) and their infant son Elliot (Buster Lund Luscher). The young family, who’ve chosen this new, secular tradition instead of a christening to welcome their child to the world, are there a day before the ceremony to meet up with core family members.

As this advance party settles down for dinner, a table that includes Karl’s sister Rikke (Josephine Park) and Emilie’s parents Frank (Peter Gantzler) and Kirsten (Petrine Agger), there’s a surprise: Vibeke is coming, courtesy of Rikke’s invitation. Karl is quietly furious and seems determined to turn her away, even when she shows up minutes later. Poor Frank and Kirsten look on confused, determinedly polite in their insistence that all family members should be welcome.

Bengtson and Mengel’s economical script carefully dripfeeds backstory as the film unfolds to explain that Karl hasn’t spoken to his mother in years, that Rikke has taken over all the daily mom management and that she’s very worn out by it. Even so, she insists Vibeke is regularly taking her medication and isn’t a problem these days, although to Karl every weird anecdote and moment of emotional intensity is an augur of impending chaos. Rikke counters that their mother is just “big, that’s her personality not her condition.”

Interestingly, that specific condition is never named throughout, although armchair diagnosticians might spot many of the signs of bipolar disorder. But the film’s emotional focus on the person and her actions rather than the label is also very contemporary, reflecting a more holistic, inclusive mindset and approach to dealing with mental health issues.

Which is all fine and dandy, until Vibeke duly does skip a dosage and starts getting manic. One of the first signs of chemical imbalance arrives during the ceremony on the beach, when Vibeke carries little Elliot much further away from the shore than anyone wants, creating a panic. From there it just gets worse as Vibeke picks up on the censorious feeling emerging from the other party guests, who had found her so charming the night before when she’d led everyone to the casino to play roulette and diverted a bunch of partying teenagers from the room next to Karl and Emilie so they could get some sleep. When the toasts at the formal dinner begin, Vibeke’s mood darkens much further, and if we’ve all learned one thing from Festen, it’s be very afraid when a Dane gets up to make a toast.

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Cinematographer David Bauer’s nimble-footed lensing and use of natural light does indeed hark back considerably to the look of those Dogme 95 movies back in the day, as does the naturalistic editing style deployed by Louis Emil Ramm Seeberg. But there are plenty of sins against the rules of cinematic chastity that marked that movement, such as the ample space made for Lasse Aagaard’s affecting, low-key score that amps up the anxiety as Vibeke starts to spiral.

That said, Mengel keeps things simple in sonic terms when it really counts, letting the musicality of Dyrholm’s deep, sonorous voice ring out on its own in the big monologue scenes. She is, as ever, utterly mesmerizing but the performance is made even more powerful by the muted, expressive reactions of the rest of the cast as they look on, frozen like deer in the headlights of the car crash of pseudo-christening. Moments of levity puncture the gloom, but the final feeling is one of numbed sorrow and pity for all these kind, fallible people, just trying to do their best.

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