Alec Baldwin charge dropped, but prosecutor should throw the whole thing out

In an embarrassing setback, prosecutors in New Mexico had to drop the five-year increased sentencing provisions they brought against actor Alec Baldwin. Actor Alec Baldwin has been charged with the tragic and accidental shooting of Halina Hutchins on a movie set.

Fox News reported the development on Monday. Baldwin, 64, faces up to 18 months in prison if convicted of manslaughter in the death of Halina, 42, who was a cinematographer on the set of the movie ‘Rust’ they were filming. I don’t dispute that Baldwin was told the gun was “cold” (i.e. not loaded with live ammunition) just before he fired it during rehearsals for the shootout scene.

As Baldwin’s attorney pointed out, the state committed a fundamental constitutional violation by adding the enhancement. If found, it would raise the potential sentence by five years.

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The problem is that this enhancement did not exist in New Mexico law at the time of the shooting. Therefore, the prosecution is void under the ex post facto principle. Defendants may be prosecuted for conduct that was not a crime when it occurred, or may be prosecuted under post-facto legislation that makes the conduct more severely convicted.

Prosecutors also dismissed increased sentencing for Baldwin’s co-defendant Hannah Gutierrez Reed, 25, the set’s so-called armorer (arms supervisor), for the same reason.

It doesn’t speak well that Mary Carmack Altwith, the district attorney in the case, seems unable to admit fault. When Baldwin’s legal team filed the complaint, Carmack’s Altwiz released the following statement through spokeswoman Heather’s Brewer. The movie set that led to the death of Halina Hutchins.

that’s ridiculous. In virtually all major criminal cases, defense attorneys make motions for various forms of relief (usually to dismiss charges or conceal evidence). This is not done to “distract” from anything. That’s legitimate procedure. In addition, ethical prosecutors do not defame the exercise of due process rights, especially in ways designed to harm the jury pool against the accused.

And now that it’s clear that Carmack-Altwies was wrong, she refuses to admit she was wrong, as we all do sometimes. Instead, she made Brewer snark:

“To avoid further litigation distractions by Mr. Baldwin and his attorneys, the district attorney and special counsel removed the firearm enhancement of involuntary manslaughter in the death of Halina Hutchins on the ‘Rusted’ movie set. The prosecution’s first priority is to secure justice, not to ensure billable time for big city attorneys. ”

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Again, it’s unsightly silly. A prosecutor does not drop a charge just because a defense counsel has filed a motion (again, this is standard procedure, not “obstruction by litigation”). In this context, they simply drop the charges because it turns out that the defense was right that the charges were legally void.

Moreover, the right thing to do is simply lower the rate and move on. If the prosecutor says anything, it should fall under her sword. If I were a member of the Hutchins family, it would definitely piss me off.

It doesn’t speak well that Mary Carmack Altwith, the district attorney in the case, seems unable to admit fault.

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I continue to believe that this accident should not have been a criminal case. It should be resolved in the civil justice system. In that regard, it should be noted that Baldwin has already paid settlements to several members of the Hutchins family, and others appear poised to file lawsuits.

But this is not a question of whether the case should be prosecuted, but of how it should be prosecuted. Incompetent and mean people are rarely a good combination, especially for prosecutors whose job it is to maintain court confidence and convince jurors based on the strength of the state’s arguments.

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