Could a Rust criminal verdict change the civil landscape?

When the District Attorney of Santa Fe, New Mexico, announced on Jan. 19 that involuntary manslaughter charges would be filed against actor Alec Baldwin and Rust armorer Hannah Gutierrez-Reed, she set the stage for a wild west legal shootout.

Baldwin, who has vehemently asserted his innocence since the day of the tragic on-set shooting of cinematographer Halyna Hutchins, has already settled a wrongful death action brought by Hutchins' husband on behalf of himself and their nine-year-old son. But other civil actions against Baldwin are in various stages of the legal process. How will a criminal trial help or hurt the plaintiffs in those separate actions? Could a criminal verdict change the terms of a settlement that has already been negotiated?

The wrongful death settlement announced on Oct. 5, 2022, which ostensibly ended the civil lawsuit, was made subject to court approval. Should such approval not be forthcoming, the agreement could be subject to cancellation or renegotiation. Additional lawsuits have been filed in Los Angeles County Superior Court by script supervisor Mamie Mitchell and chief lighting technician Serge Svetnoy, both of whom witnessed the shooting. (Mitchell v. Rust Movie Productions LLC et al., 21STCV42301 (L.A. Sup. Ct., filed Nov. 17, 2021), Svetnoy v. Rust Movie Productions LLC et al., 21STCV41392 (L.A. Sup. Ct., filed Nov. 10, 2021).)

When criminal charges have been filed while civil litigation is pending, the dynamics of the civil litigation will change. Statements made in the civil proceeding - especially those that cast the defendant in a bad light - may be used by the prosecution against the defendant, while exculpatory statements are unlikely to be allowed. Plaintiffs in the civil action could have a strong incentive to force a speedy and favorable settlement against a party who would otherwise have to fight a war on two fronts. A favorable civil settlement for a plaintiff could also have the effect of tempering potentially damaging testimony against Baldwin in the criminal case against him.

Despite a statement from the Santa Fe District Attorney that the settlement agreement would not impact the criminal investigation, there is nothing precluding the prosecutor from using anything that helps build the criminal case. Badwin's unfiltered statements to law enforcement and the media are all fair game for the prosecution.

Even if he is acquitted of the criminal charges, the fact that Baldwin was charged can nevertheless help sway a jury against him in a civil case. Recall the civil judgment rendered against OJ Simpson in a case brought by the father of Ron Goldman following his surprise acquittal by a Los Angeles jury. Simpson was acquitted of two counts of murder in the 1994 slayings, but the civil jury found him liable and ordered him to pay $33.5 million, an amount that remains unpaid and has more than doubled over two decades.The entire nation watched that trial and saw the evidence presented by the district attorney; a criminal case against actor Baldwin will likely attract a large viewership as well.

If Baldwin is found guilty of the New Mexico charges, that verdict is sure to color the civil trial. The burden of proof in a civil case is significantly lower than in the criminal proceeding, a point that will be driven home by plaintiffs' attorneys. New Mexico prosecutors must prove beyond a reasonable doubt that Baldwin committed involuntary manslaughter, unlawful killing of a person "without malice." Although the civil judge may decide against allowing in evidence of the guilty verdict, this is highly unlikely. A verdict of criminal negligence should go a long way toward supporting a finding of negligence in a civil case.

Plaintiffs in the civil actions - assuming these are paused pending the criminal trial - will not only have the benefit of a potential criminal verdict, but they will also be able to use the findings made in the criminal case as evidence without needing to re-prove these allegations. This will make their case less expensive to prosecute than would have been the case had there been no criminal charges. This and other potential benefits for civil plaintiffs may be sufficient motivation for Baldwin to expeditiously settle the civil claims against him and his company.