NY Criminal Defense Attorney David Schwartz on 1010 WINS Talking About Alex Baldwin Charges.

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joining us live on newsline is David
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Schwartz who has worked as a New York
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criminal defense attorney he is also a
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former prosecutor David good to have you
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here this morning I'm curious about this
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I want to play you this clip in which
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Alec Baldwin was asked this in the past
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take a quick listen do you never pull
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the trigger no no no no no I would never
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point the gun that I'm going to pull a
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trigger at them never okay so that's
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what he said in that interview with
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George Stephanopoulos today we find out
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he is going to be charged with
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involuntary manslaughter is that to say
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prosecutors believe that he did indeed
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pull the trigger or what
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well well it doesn't necessarily mean
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that he that he uh believed he pulled
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the trigger first of all it was a very
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fast set of events but the involuntary
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portion of the manslaughter means that
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Alec Baldwin at least they're accusing
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Alec Baldwin of handling this gun
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without you caution and circum
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circumspection so with which is more
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like a criminal negligence concept where
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he didn't act as a reasonable person
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would in that situation in handling the
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weapon and safeguarding that weapon so
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they might have some facts where they
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have they have concluded that
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involuntary manslaughter is the right
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charge for him so so if you're his
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defense attorney then what do you argue
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do they say well look you know they
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handed me the gun you know how am I
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supposed to know right you're that's
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exactly what you're arguing you know
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this is a horrible horrible accident a
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tragic accident but my client out
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Baldwin has no culpability whatsoever he
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did not pull the trigger he did act as a
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reasonable person and sometimes in life
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horrible things happen accidents happen
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and that's why this should be handled as
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a civil case which it was the civil case
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was was settled but it should not enter
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the arena of criminal case and that's
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where you have the tug of war between
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criminal defense attorneys and
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prosecutors because prosecutors uh they
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they have concluded something different
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that that this uh does enter the word
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world of criminal culpability and it's
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more than just an accident that there
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was some degree of recklessness involved
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on the part of Alec Baldwin and that's
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going to be litigated in court right so
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the special prosecutor David uh had this
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quote this morning saying if any one of
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these three people including Alec
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Baldwin had done their job that was the
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quote had done their job Helena Hutchins
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would be alive today it's that simple
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but it doesn't sound that simple again
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what's the defense to that in terms of
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what Baldwin's job was supposed to be
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well and what the prosecutor means by
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that is that that Baldwin was acting in
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a reckless Manner and if he wasn't
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acting in a reckless manner if he took
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all the precautions if he looked to see
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if the gun was loaded if he examined the
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gun you know and and and it you know who
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looks up to the jury to see what a
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reasonable person would do Under the
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same set of circumstances that's where
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the push and the pull comes it's a very
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interesting case it's very highly
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um reliable on the the specific facts of
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what exactly happened and look the
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prosecutors have done their
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investigation and they have concluded
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that there are enough facts to support
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this charge and we'll just have to see
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how that all plays out in court but
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certainly out involved into the criminal
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case has many many defenses and and
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again you land at the same defense that
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this is a horrible accident but Alec
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Baldwin acted reasonably so that's what
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you're basically going to argue as his
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defense attorney right so David do we
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see this uh go to a a public trial is
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this something that's going to be um you
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know all over Court TV and more or what
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well your your guess is as good as mine
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if if there's certainly uh room here for
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a plea to be had and I'm sure the plea
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uh could involve minimal jail time uh so
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certainly that's going to be a
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possibility here there's there's a lot
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of room for negotiation but if the
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negotiations don't work then the case is
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going to go to trial and and you know
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Alec Baldwin has a giant ego and he may
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just take this all the way to trial who
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knows your your guess is as good as mine
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at this point right I guess we'll find
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out together David but um as for this
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charge this typically comes with what 18
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months in prison if convicted yes yes
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under the New Mexico law there is uh
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there's an enhancement involved it could
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be five years but generally speaking I I
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believe it's 18 months I I haven't read
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the sentencing charts yet in New Mexico
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right and if people take please in a
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case like this a matter of months in
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jail time or no jail time again I know
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we're we're all just trying to get the
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particulars of New Mexico right right in
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an involuntary manslaughter situation
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where look the the Alec Baldwin has
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settled the civil case uh in this type
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of situation you can see a non-jail
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disposition with probation certainly a
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felony plea and maybe some other
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attachments restitution which seems to
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have been covered in the civil case
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fines
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things like that but there can be some
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jail time too
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one last quick thing if you were his
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lawyer Alec Baldwin would you tell him
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not to give any interviews at this point
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absolutely no interviews no public
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statements uh and you know I understand
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there's the court of public opinion but
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in a criminal case there's just too much
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on the line to allow your client to be
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out there uh uh giving interviews David
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Schwartz a New York criminal defense
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attorney and former prosecutor David
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thank you so much
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thank you it was a pleasure thank you
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very much
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