More than a year and a half after Alec Baldwin shot and killed a cinematographer while rehearsing a scene on set in New Mexico, prosecutors have yet to solve the biggest mystery in the tragic case: How did live rounds get on the set?
Prosecutors said in their latest court filing that they have some evidence to support the theory that weapons expert Hannah Gutierrez-Reed may be responsible for the introduction of the rounds. But they have offered no details, and barring more evidence, they're now basing part of their case against her on the idea that a night of drinking and marijuana use left her incapable of the judgment necessary to ensure the set was safe.
Gutierrez-Reed's attorneys argue that prosecutors are resorting to character assassination, and some legal experts are doubtful it will make for a winning strategy for prosecutors.
Several lawyers who are not involved with the case but have been watching it closely said Wednesday that prosecution statements in response to a defence motion last month seeking to dismiss her involuntary manslaughter charge are vague and would be difficult to prove.
"When you think about how they've conducted this investigation since the beginning, it's almost in step with what they had done before. They need to have more specificity when it comes to that allegation, because it's kind of serious. To be throwing it out there doesn't look that good," said Miguel Custodio, a Los Angeles personal injury attorney.
Prosecutors said they have witnesses who will testify that Gutierrez-Reed drank and smoked marijuana in the evenings during the filming of "Rust." However, the weapons expert was never tested, and it's unclear what evidence prosecutors could present to make the case that she could have been hungover when she loaded a live bullet into the revolver that the actor used.
John Day, a Santa Fe-based criminal defence attorney, noted that prosecutors did not say in the filing that Gutierrez-Reed was impaired but rather used the colloquial term "hungover," which could mean many things.
"It's one more strange development, but it still doesn't address -- and they've said they don't know -- how live rounds got onto the set," Day said. "And they haven't said specifically anything more about her involvement except that she was the armorer."
A preliminary hearing for Gutierrez-Reed is scheduled in August. A judge is expected to decide then if there's probable cause for the charge to move forward.
In their filing, the prosecutors said they expected to decide within the next 60 days whether to recharge Baldwin, depending on the results of an analysis of the gun.
The involuntary manslaughter charge faced by Baldwin, who also was a producer on the film, was dismissed in April, with prosecutors citing new evidence and the need for more time to investigate.
Baldwin was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on the set in October 2021 when it went off, killing her and wounding director Joel Souza.
Ted Spaulding, an Atlanta attorney who also is not involved in the case, said that while it would be easier to argue that active impairment leads to negligence, prosecutors can still argue that alcohol and drug use -- and being hungover -- likely lead to negligence.
"This will come down to whether or not they have credible evidence that an impairment in judgment caused the injury and that the impairment is linked to drug and alcohol use," Spaulding said. "We see cases all the time where someone has marijuana particulates in their system and argue that it contributed to a wreck or injury, but because Gutierrez-Reed wasn't tested immediately after the shooting, they have no proof that marijuana was in her system, outside of witness testimony."
Custodio said the prosecution's insinuation that Gutierrez-Reed was hungover might work in the defence's favor.
"It's pretty reasonable for the defence to say `you're just bringing this up now, which continues to show this pattern of sloppiness,"' he said. "Prosecutors saying she was `probably hungover' sounds like a very tenuous assumption."
Luis Armando Albino was six years old in 1951 when he was abducted while playing at an Oakland, Calif., park. Now, more than seven decades later, Albino has been found thanks to help from an online ancestry test, old photos and newspaper clippings.
The prime minister's official itinerary says the interview will be shot during his trip to New York, where he is meeting with other world leaders ahead of the 78th gathering of the United Nations General Assembly.
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The Royal Canadian Mint has introduced its latest Gold Maple Leaf bullion coin – made entirely from gold sourced from a single mine in northern Ontario
The Royal Canadian Mint has introduced its latest Gold Maple Leaf bullion coin – made entirely from gold sourced from a single mine in northern Ontario
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The City of Calgary ended water restrictions for the city at a Sunday morning update.
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An explosion in a coal mine in eastern Iran killed at least 33 workers and injured 17 others, officials said Sunday, marking one of the worst mining disasters in the country's history as others remained missing hours after the blast.
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At least two students at Gettysburg College in Pennsylvania have been suspended from the swim team after a report that a racial slur was scratched onto a student's body, officials said.
The prime minister's official itinerary says the interview will be shot during his trip to New York, where he is meeting with other world leaders ahead of the 78th gathering of the United Nations General Assembly.
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Lebanese authorities on Thursday banned walkie-talkies and pagers from being taken on flights from Beirut airport, the National News Agency reported, after thousands of such devices exploded during a deadly attack on Hezbollah this week.
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Â鶹´«Ã½ Montreal at Six for Sunday, Sept. 22, 2024 with anchor Matt Gilmour.
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The most popular hockey podcasters on the planet brought some major attention to the Forest City this weekend with the annual Chiclets Cup.
One man is in police custody after fabricating a story to police and reporting his vehicle was stolen.
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A year after being recognized as one of 19 ‘Bee Campuses’ by Bee City Canada, Georgian College continues to promote the importance of bees to agriculture, the economy and education.
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The Amherstburg Uncommon Festival is living up to its name with the addition of a drone light show — a first for Essex County.
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The two top contenders in British Columbia's provincial election dove deep into the various issues plaguing the Metro Vancouver area on Sunday, in some cases hearing directly from those most affected.
A Victoria woman is now $1 million richer after winning a Maxmillions prize on a recent Lotto Max Draw.
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Despite the heavy rain, plenty of muscle turned up for United Way’s annual Pull the Bus fundraiser in Lethbridge Friday.
Lethbridge County has rescinded its fire restriction as a result of the recent cool, wet weathr.
The Lethbridge Hurricanes kicked off the 2024-25 season on a winning note Friday night, defeating the Edmonton Oil Kings 3-1 in a game played at VisitLethbridge.com Arena.
The Royal Canadian Mint has introduced its latest Gold Maple Leaf bullion coin – made entirely from gold sourced from a single mine in northern Ontario
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Following an outbreak of COVID-19 on its continuing care floor and just ahead of the flu season, St. Joseph’s General Hospital in Elliot Lake has opted to re-introduce a universal masking policy until further notice.
Newfoundland and Labrador sponsored a minor football team in England, now they’re about to play one of the biggest clubs in European soccer.
Newfoundland and Labrador's chief medical officer is monitoring the rise of whooping cough infections across the province as cases of the highly contagious disease continue to grow across Canada.
A 16-year-old biennial event aimed at fostering business in the country's eastern Arctic and northern regions has been cancelled indefinitely as a dispute unfolds between Inuit in Canada and a Labrador group claiming to share their heritage.
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