Dershowitz: New Mexico killing is likely a homicide

Jay Greenberg of Neon Nettle brings to our attention two articles about the Alec Baldwin killing of his cinematographer on the movie set of "Rust" in New Mexico. Alan Dershowitz opines that the killing is likely a homicide.

Dershowitz asserts at The Hill that “two things” seem clear in the incident: “guidelines seem not to have been followed in this case, and the existing guidelines seem insufficient to prevent accidents like this.”

"It is likely, therefore, that the killing of Halyna Hutchins could constitute a homicide — that is, a criminal killing,” he said.

The evidence is currently unclear as to how a real gun, with a real projectile, was handed to Baldwin, allegedly with an assurance that it was “a cold gun.” Such a verbal assurance does not come close to satisfying what should be the fail-safe standards. Moreover, there is evidence that people on the set were concerned about safety conditions prior to the tragedy. Indeed, some on set reportedly said there were prior incidents of guns misfiring.

It is likely, therefore, that the killing of Halyna Hutchins could constitute a homicide — that is, a criminal killing. The remaining questions are who might be criminally responsible for the killing and what degree of homicide fits the evidence?

At this point in time, everyone must be presumed innocent. But it does not follow from the presumption of innocence that anyone is immune from rigorous investigation. It seems clear that Alec Baldwin was not aware that he was firing a gun capable of expelling a lethal projectile. But his role reportedly was not limited to passively being an actor; he may have had some responsibility as one of several producers of the film. The nature of the role of producers varies from film to film, and it is unlikely that Baldwin’s role included responsibility for set safety. But some may think that it was not simply enough for him to accept the word of an assistant director about the gun’s safety, that he perhaps should have independently inspected the gun before firing it. It is unlikely, however, that such an omission would result in criminal responsibility.

Others on the set almost certainly bore greater responsibility, and their roles should be investigated, their responsibilities pinpointed. Before anyone is charged with a crime, there must be evidence beyond a reasonable doubt of individual criminal culpability. Just because there was a crime, it does not necessarily follow that there is enough evidence to charge any particular individual.

Read more from Dershowitz here: https://thehill.com/opinion/criminal-justice/578183-is-the-alec-baldwin-shooting-a-homicide