Formal charges are expected in New Mexico against Alec Baldwin in the death of Halyna Hutchins. Here's why the DA might face an uphill battle. (via Deadline: Legal Blog)
One of the counts Baldwin and Gutierrez-Reed face requires proving negligence, and the other requires more proof and carries greater penalties upon conviction.
But there’s reason to think it will be challenging for the prosecution to carry its burden beyond a reasonable doubt — the standard in criminal cases — against Baldwin, for what heat trial was a mistake that wasn’t his job to prevent. It's worth remembering that the defense has no burden in criminal cases; if the prosecution can't prove its case, then the jury must acquit.
Of course, it’s impossible to know what a jury will do if the case goes to trial. We’re a long way away from that possibility. First, we’ll want more details from the prosecution when formal charges are filed, likely later this month, to see if the government’s evidence strengthens what appears to be a difficult case to prove. When we learn more, I’ll be sure to report back on the blog.Jordan Rubin is the Deadline: Legal Blog writer.
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