I’m just gonna go ahead and say it.
Failing to tell the defense they had the bullets recovered on set is a freaking stupid move. Like it’s incomprehensible how a prosecutor of any amount of experience- or even an intern at the office in their first week- could make such an abysmally stupid mistake.
To put it another way: someone threw the case, intentionally.
Or, it really was a politically motivated trial and the prosecution was willing to cover up exculpatory evidence in order to manipulate the justice system. Either way, its damning.
This has always been what I believed.
I fail to see how the cartridges can possibly be exculpatory.
It doesn’t matter how they got in the gun, or if these were from a case on set. He doesn’t contest that that it went off while he was holding it. Only that it’s not his fault.
Manslaughter is about proving negligence or misconduct. The prosecution case was that Baldwin was at fault as he was negligent handling a gun with live ammunition.
Part of Baldwins defence was that he did not know the gun had a live round in it.
The new evidence was that the live ammo came from the props company, not the armourer, throwing doubt over whether the armourer or Baldwin knew there were live rounds on set or in the gun.
That’s a hugely important part of the defence case, and also makes it much hard to prove involuntary manslaughter - it would be negligent to fire a gun knowing there is a live round in it, but if you did not know there were live rounds then does that meet the same level of negligence?
Personally I thought the case against Baldwin seemed tenuous so I’m not surprised this new evidence ended the trial.
This does raise serious questions about the safety of the armourers conviction. She might still be negligent as its unclear how live ammo from the prop company got on set without her knowing but she has not been able to answer that as the evidence was suppressed and she was convicted on the assumption it was entirely her fault the live ammo was on set.
It raises even more serious questions about the behaviour and motivations of the new mexico prosecution team and investigators.
The problem with this statement is that prop/inert cartridges are labeled and identified as such in ways that are usually fairly obvious.
Like “loading” the cartridge with a steel ball bearing, and a used/fired primer cap (which has a divot from the hammer.) Thorough inspection would have identified them as inert.
While it’s remotely possible they were so well crafted as to be virtually identical, that kind of thing would end the props company. They are very careful to always make the marking conspicuous- as long as you know to look for it. (Another common option is a somewhat large hole in the side of the casing.)
And the indicators should have been gone over in a safety briefing so everyone knows. (And is trained in what to do on seeing a live round. “Hey! Live round! armorer!”)
In any case Baldwin had a duty of care to handle the firearm safely. Part of that includes knowing its state. He did not clear the fire arm, and did not know its state. It becomes self evident they were not inert cartridges but rather live rounds given that we’re talking about Alina being shot.
Man, you really don’t know anything about the case do you
If you’re driving and your brakes mysteriously fail, consequently someone dies. Is it manslaughter?
Edit: clarity.
Not quite, you’re ignoring the role of the armorer on set in your metaphor.
If you just picked up your car from the mechanic after they were expected to check everything, including the brakes, and the brakes then fail causing you to crash and kill someone… Is it manslaughter? And if so, who is at fault?
You were driving the vehicle, but you would obviously expect the brakes to be in working order since they were supposedly checked immediately before you started driving. The driver would almost certainly not be charged in that case, but the mechanic on the other hand would clearly be negligent, directly leading to the death.
I’m not tho. One of the implications of the bullets being a little bit of everywhere was that it implied another source.
Depends on why they failed and if you should have maintained your car better.
It’s usually not all that mysterious. Brakes don’t just randomly fail for no reason.
Let’s say they failed because of poor maintenance. Then yes.
Let’s say they failed because there was a defect in the brake line that caused it to rupture in the high temperatures of summer. Then no.
Baldwin failed a duty of care to ensure the weapon was cleared and in fact safe. He then failed a duty of care when handling that weapon in an extremely unsafe manner.
To go with the analogy, he knew his brakes were failing and drove anyway.
If you know your brakes are failing, and they fail… It’s not mysterious.
Then your analogy sucks. This wasn’t a random failure.
As I said in the reply: Baldwin knew- or should have known- that he was handling the firearm unsafely, and that he shouldn’t handle it in an unsafe manner,
No. But with the withheld evidence now known… The armorer herself may not have been convicted and she’s certainly getting retried.
Those mistakes didn’t happen in a vacuum. But proving where that vacuum came from doesn’t have the same certainty that it did.
Nah, this sort of shit happens all the time.
Baldwin just has the power and influence to fight the charge.
Not on high profile cases, no it does not.
(Well, excluding Trump trials … Trump truly hires the best.)
My cynical self agrees with you. But also, Hanlon’s Razor.
Classic example of poor/ lack of regulation in USA. (Mah freedum)
Obviously a prop weapon shouldn’t even be able to shoot real bullets.
This can easily be accomplished by making the prop weapon 1mm smaller, so real bullets can’t even be inserted.
To tell them apart the prop ammo could have a slightly toned line in the length of the bullet, which would be hard to see on film, because it look like a reflection, and could even be pointed away when filming. But would be easy to detect when holding the bullet, because the reflection wouldn’t move right when you hold it. It would work kind of like a watermark on bills.Why the movie industry hasn’t implemented better security themselves IDK, except the obvious, not doing it is slightly cheaper. Except the easier positive identification of a prop, would probably make for a smoother work flow, so even if the equipment is a bit more expensive, it would be recouped by smoother workflow, and zero accidents.
But by far the easiest and cheapest solution is a federal law, because that would standardize it for all.
Obviously a prop weapon shouldn’t even be able to shoot real bullets.
I know a guy who teaches stage combat for live theater and have seen him on more than one occasion talk directors out of using prop firearms that fire blanks (think something akin to a starters pistol). These guns have filled barrels, etc. so there’s no way they could ever fire an actual projectile.
One of the huge problems with these sorts of guns is that they’re very prone to misfiring. For whatever reason the manufacturing quality of both starter guns and the blanks they use just isn’t as good as real firearms. The last thing you want in live theater (which I’ve seen more than once) is for an actor to pull the trigger and hear a click instead of a bang.
Granted they could just re-shoot a movie scene if this happens, but that costs time & money, which they absolutely hate wasting.
Your idea of using smaller caliber bores, etc. likely wouldn’t prevent this sort of thing because either the quality would again suffer due to the lack of demand, or some idiot would still produce real ammo for it, or at least a projectile firing blank.
Movies like Rust use revolvers because that’s what cowboys would have used. They want the guns to look real, which means the cylinder should look like it has real bullets in them and not blanks, especially in close-up shots where you can clearly see a gun. That’s ultimately what killed Brandon Lee on his movie set. The special effects team botched rigging the bullets so they wouldn’t fire. They removed the powder but didn’t remove the primer cap, and at close range that was still enough to cause trauma when Lee was shot.
I also know a guy with 40+ years in the movie special effects industry who actually writes OSHA safety regulations for the industry. They’re “written in blood” due to events like Brandon Lees death, and when followed properly everybody is safe. He wasn’t involved in any way with the Rust production, but he was extremely pissed when he started hearing what’s been reported. He said it sounds like pretty much everybody involved from the producer on down ignored those regulations, and he had no problem with folks like Baldwin facing charges as a result.
Minor nitpick: the primer in the botched dummy cartridge wasn’t enough to fire the bullet, but it was enough to unseat to it from the case and lodge it in the barrel. Later, a normal blank cartridge was fired while the bullet was still stuck in the barrel. The powder in the blank was enough to dislodge the bullet and propel it to lethal velocity.
I work film and am outraged at the dismissal. What a lot of people neglected to grasp is because they were focused on whether or not Baldwin pulled the trigger is that the trigger wasn’t completely relevant to the crime.
Even if Baldwin wasn’t the one holding the gun, even if was in the hands of a completely different actor, he should have been charged as part of the Producers for failing to provide a safe work environment. When these sort of things happen we should be asking who was in charge of providing a safe environment, were they made aware of the dangers and why didn’t they stop them. If you are fronting the money, have creative control and hiring and firing power and are cced on safety issues your crew brings up as concerns it’s your duty to make sure your crew is safe… And there were so many red flags on Rust you could have seen them from fucking space. People were leaving the show because they didn’t feel safe. Saying a seasoned actor / Producer would have been unaware while not just being on set but directly interfacing with the process is complete ludacris.
We talk about Brandon Lee but we should be talking about Sarah Jones. When she was killed by unsafe choices made by Production three out of four Producers on the project, everyone who could not claim complete perfect ignorance of the choices made, were charged criminally.
This is a sad day for American film labor. Appearantly bosses have no direct liability to keep us safe anymore.
Baldwin … should have been charged as part of the Producers
That part of the case against him was dismissed before the trial started iirc.
Yeah… And I am saying that is bullshit.
on more than one occasion talk directors out of using prop firearms that fire blanks
That sounds like extremely bad advice.
when followed properly everybody is safe.
Really, these guidelines would have prevented the use of real bullets allegedly mixed in by the prop supplier?
Making prop weapons do not have to be of inferior quality, and your argument that some may make live ammo for them would be extremely illogical if that was illegal.
If you want to use live ammo, what would be the argument for not using a real weapon?
If it’s some homemade shit, it would probably be pretty easy to spot anyway.I stand by my original claim, which would 100% have prevented the incident. Even without training. You cannot reasonably argue that it’s safer that an actor should read and learn what 40 years of experience and numerous accidents have taught an expert, that he has written a book about. People make mistakes.
Making prop weapons do not have to be of inferior quality
They do if no one is willing to make them better. You can’t force a manufacturer to do that, especially when you’re talking about a very small number of sales.
I suppose you are aware that those sales would probably go global. Which they are not currently, because there is a lack of proper regulation and standardization.
They probably don’t have to be as good as real weapons, but obviously with regulation, they’d have to be good enough to be safe to use.Exactly how big do you think the global market for such props is?
Considering media industry is one of the biggest industries in the world, I’d think the market is more than sufficient to sustain multiple vendors.
Prop firearms are not really consumable items. They are just rented over and over again by production companies from rental companies. And when they break, the rental companies would first repair them before buying new ones. They could be decades old and have been repaired over and over.
I assume the shitty reliability of prop guns has more to do with their age and how much they are used rather than low manufacturing quality.
“The media industry” is everything from a big-budget science fiction film, which uses no conventional-looking weapons at all, to a local newscast, which also doesn’t.
The number of productions worldwide needing realistic-looking prop weapons is very unlikely going to make any manufacturer justify redesigning their arms or recalibrating their manufacturing equipment, if recalibration is all that is necessary and new equipment wouldn’t also be required.
Really, these guidelines would have prevented the use of real bullets allegedly mixed in by the prop supplier?
Yes, really. Among other things the guidelines prohibit any real live ammunition on the set. There should be an armorer on-set whose sole responsibility is checking guns in/out and ensuring they are unloaded, or properly loaded with blanks only when absolutely necessary. Only people who have been trained in the safety guidelines should ever handle them. Each person who handles a gun, right down to the actors, should also inspect it, and treat it as loaded even when it isn’t.
You cannot reasonably argue that it’s safer that an actor should read and learn what 40 years of experience and numerous accidents have taught an expert
I never said they did. It’s the responsibility of the producer(s) to ensure all regulations are followed. So they should have made sure the armorer did. It’s the job of the armorer to know the OSHA and other regulations involving firearms on-set, and adhering to them. The armorer should be instructing both the relevant cast & crew on established safety procedures. That should include how to safely check if a gun appears to be loaded, and if not 10000% sure, to check back with the armorer. Not with a random crew person but the person directly responsible for their safe use.
Only people who have been trained in the safety guidelines should ever handle them.
So an actor using a prop gun is required to know and follow safety measures for real guns?
Because that’s really the consequence of what you write, because a prop gun could accidentally be real too.That is not security, that’s idiocy.
Are prop guns in other countries as you describe?
Well I don’t know the actual regulation, but I have never heard of a weapons accident during filming here in Denmark.
We have stricter regulation on weapons and 100% no movie maker would even dream of using weapons capable of using live ammo.Although Denmark is a small country, we make way more movies than our size would indicate. But still just a fraction of USA.
I saw some comments on this when it happened and americans were shitting their asses when people suggested just using props, because apparently it takes away the immersion when their favourite shooty weapon doesn’t look real enough
Was that immersion for the movie, or for the actors?
Maybe they should try acting like it’s real. Y’know, because they’re actors.
Is the movie still coming out?
I don’t think they finished filming.
That’s not exactly surprising - I’m pretty sure a first-year law student would do as much. The real question is will it actually get dismissed. Normally I would suspect not, but we live in the weirdest fucking timeline, so who the hell knows.
This case is weird. You have Trumptards wanting Baldwin imprisoned because he mocked Trump once on tv. Then you have bleeding heart leftists who simp for Hannah because muh mysoggyknee, muh classism, muh wimmin never dun nufin wrong. It’s a perfect storm of shitty people coming together for a wrong cause.
