Halyna Hutchins on the movie set of “Rust” was dismissed with prejudice by trial Judge Mary Marlowe Sommer. The “prejudice” part of that means that the prosecution is prohibited from re-trying Baldwin on these manslaughter charges.

Last week special prosecutor Kari Morrissey filed a motion to reconsider this dismissal with prejudice with Judge Sommer—and that’s what we’ll be taking a look at in today’s show.

The basis for the dismissal with prejudice was a purported Brady violation by the prosecution. Brady is a US Supreme Court case that requires the prosecution to turn over exculpatory evidence to the defense.

My immediate objection to this particular dismissal with prejudice on the basis of this purported Brady violation premised on this “Thell Reed” ammo was that the particular source of the live round is immaterial to the manslaughter charge against Baldwin.

In other words, where the Baldwin live round came from—whether from Gutierrez’ father Thell Reed or from props supplier Seth Kenney or from a local Walmart was entirely irrelevant to the theory of Baldwin’s criminal liability for manslaughter.

With that context, let’s dive into today’s show.

THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!

There are lots of self-defense "insurance" companies out there. Some are hot garbage. Some have limited resources. Some are simply, in my view, untrustworthy. But there is ONE that I PERSONALLY TRUST to protect myself and my family.

LEARN which ONE I TRUST by clicking HERE:

https://lawofselfdefense.com/trust

Disclaimer - Content is for educational & entertainment purposes only, and does not constitute legal advice. If you are in need of legal advice you must retain competent legal counsel in the relevant jurisdiction.

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

If you'd like immediate and early access to Law of Self Defense content, consider becoming a Law of Self Defense Member for just 99¢ here --- https://lawofselfdefense.com/trial

Intentionally and falsely characterizing someone of having committed a crime is generally defamation per se, meaning that the person wrongfully accused is presumptively entitled to monetary damages. Even worse, when this kind of unmerited and gratuitous reputation destruction is done for reasons of personal profit—a few more YouTube bucks, for example--it would seem particularly contemptible behavior.

Today we explore the question of whether explicitly labeling former Deputy Eddie Duran’s shooting of Airman Roger Fortson as having “executed Fortson for exercising his Constitutional rights” might qualify as precisely this kind of defamation per se.

This question is, of course, prompted by the repeated publication of Attorney William Kirk, on his YouTube channel Washington Gun Law (WGL) of the explicit claim that Duran executed Fortson merely because he was exercising his Constitutional rights.

Promised links from today’s show:

LOSD: REAL LAWYER | The Roger Fortson Shooting: Awful? Lawful? Both? (5/13/24) https://youtube.com/live/Zy1xcbAU2l0

WGL: The Florida Man Who Was Executed for Exercising His Constitutional Rights (5/13/24) https://youtu.be/IWepSw11YiA?si=hO7QaGkgk1QbgflQ

LOSD: Sound Legal Analysis, or Shameful Misinformation? (5/15/24) https://www.youtube.com/live/JEf63eHv0ac?si=dnHROCOoL2N1pFPZ

WGL: Charges Filed Against the Deputy Who Ended This Man's Life Because He Was Armed (8/25/24) https://youtu.be/BPN8V2SgUkE?si=onqmYu0nW4j6SepR

Okaloosa County Sheriff’s Office: OPS Administrative Investigation (5/30/24)
https://lawofselfdefense.com/wp-content/uploads/2024/09/IA-2024-012-Final-Report-002-1.pdf

Florida First Judicial Circuit State’s Attorney Press Release (8/23/24)
https://lawofselfdefense.com/wp-content/uploads/2024/09/State-Attorneys-press-release-information.pdf

THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!

There are lots of self-defense "insurance" companies out there. Some are hot garbage. Some have limited resources. Some are simply, in my view, untrustworthy. But there is ONE that I PERSONALLY TRUST to protect myself and my family.

LEARN which ONE I TRUST by clicking HERE:

https://lawofselfdefense.com/trust

Disclaimer - Content is for educational & entertainment purposes only, and does not constitute legal advice. If you are in need of legal advice you must retain competent legal counsel in the relevant jurisdiction.

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

[If you'd like immediate and early access to Law of Self Defense content, consider becoming a Law of Self Defense Member for just 99¢ here --- https://lawofselfdefense.com/trial]

Police have identified the man who was shot by a drive-thru customer while he was in the process of committing an armed robbery at a restaurant in Santa Ana on Saturday. Steve Rodriguez, 60, entered the Cozy Corner restaurant at 426 N. Harbor Boulevard at around 12:45 a.m. with a black revolver in hand, police say.

Security camera footage shows the masked robbery suspect enter the restaurant, throw a bag in the direction of one of the restaurant employees and demand money.

Police say a drive-thru customer in a silver Honda Accord was stopped in the drive-thru lane by the window while the robbery was happening.

Before Rodriguez managed to flee the restaurant, police say one of the people in the Honda shot him twice in the upper torso.

THERE IS ONLY ONE SELF-DEFENSE "INSURANCE" PROVIDER I TRUST!

There are lots of self-defense "insurance" companies out there. Some are hot garbage. Some have limited resources. Some are simply, in my view, untrustworthy. But there is ONE that I PERSONALLY TRUST to protect myself and my family.

LEARN which ONE I TRUST by clicking HERE:

https://lawofselfdefense.com/trust

Disclaimer - Content is for educational & entertainment purposes only, and does not constitute legal advice. If you are in need of legal advice you must retain competent legal counsel in the relevant jurisdiction.

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.