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submitted 1 month ago by jeffw@lemmy.world to c/news@lemmy.world
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[-] FuglyDuck@lemmy.world 4 points 1 month ago

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.

[-] BananaTrifleViolin@lemmy.world 43 points 1 month ago* (last edited 1 month ago)

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.

[-] APassenger@lemmy.world 5 points 1 month ago* (last edited 1 month ago)

If you're driving and your brakes mysteriously fail, consequently someone dies. Is it manslaughter?

Edit: clarity.

[-] halcyoncmdr@lemmy.world 16 points 1 month ago

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.

[-] APassenger@lemmy.world 1 points 1 month ago

I'm not tho. One of the implications of the bullets being a little bit of everywhere was that it implied another source.

this post was submitted on 13 Jul 2024
253 points (96.7% liked)

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