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.
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.
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.
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.
