Baldwin was filming a Western movie in New Mexico in 2021. During filming, Baldwin pointed a gun at Halyna Hutchins, a cinematographer on set. The gun went off, killing Hutchins and wounding director Joel Souza.
Prosecutors reopened the case with a new analysis of the gun that fired, after initially dismissing an involuntary manslaughter charge last year. The analysis concluded that the gun Baldwin was holding could only have fired if the trigger had been pulled or depressed to release the hammer of the revolver. Baldwin had claimed he was holding the gun’s hammer, but not the trigger when the gun went off.
The new indictment alleges that Baldwin caused Hutchins’ death by either negligence or total disregard or indifference for safety. The new charges carry a potential sentence of up to 18 months in prison. “Rust” armorer Hannah Gutierrez-Reed was also charged with involuntary manslaughter and evidence tampering in a separate case in front of a different judge. The company Rust Movie Productions has since paid a $100,000 fine to state workplace safety regulators.
Use of Experts in Legal System
Baldwin’s latest indictment came after the Grand Jury heard from Michael Haag, the Expert forensic expert who testified regarding the functioning of the gun that Baldwin was using. Experts are commonly used in most legal cases, whether it is civil or criminal. Experts are often useful for a judge and/or jury, as they may testify regarding subject matters that most people know little about. This may include medical conditions in civil and criminal cases, engineering in automobile accident cases, or a firearm expert such as the case here.
However, experts are not the final finders of fact in a trial; that role belongs with the jury. Experts are like ordinarily witnesses. They can be wrong, biased, or mislead. Experts may not have all the information about the case necessary to form their opinions. They may be overly biased in favor of whoever hires them. Or other experts may simply be superior in knowledge or presentation. Simply having an expert testify should not make or break a case unless that expert is properly qualified, informed, and questioned.
Using an expert during a grand jury particularly highlights the weaknesses of relying on expert testimony. Defendants are not present during grand jury proceedings, so the prosecutor and their witnesses have no rebuttal from the defendant. Rebuttal experts are a vital tool in keeping experts from reciting whatever they want without question. Using expert testimony during a grand jury proceeding runs a significant risk of permitting pseudoscience to run unchecked in the legal system.
Do I Need a Criminal Defense Lawyer?
A criminal defense attorney can help you build your case can represent you during all the phases of a murder or manslaughter trial. The emotional benefits include some sense of relief that your attorney is on your side.
The post Grand Jury Indicts Alec Baldwin for Rust Movie Shooting – Again appeared first on Law Blog.
