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Prosecutors weigh second gun analysis in fatal shooting of cinematographer by Alec Baldwin

SANTA FE, N.M. (AP) — Prosecutors have received a second expert analysis of the revolver fired in the fatal shooting of a cinematographer by Alec Baldwin on the set of a Western film in New Mexico, as they weigh whether to refile charges against the actor.

Baldwin has said the gun fired accidentally after he followed instructions to point it toward cinematographer Halyna Hutchins, who was behind the camera in rehearsal. Baldwin said he pulled back the hammer — but not the trigger — and the gun fired, fatally wounding Hutchins on Oct. 21, 2021, at a movie ranch on the outskirts of Santa Fe.

Special prosecutors dismissed an involuntary manslaughter charge against Baldwin in April, saying they were informed the gun might have been modified before the shooting and malfunctioned. They commissioned a new analysis of the gun, along with other weapons and ammunition from the set of the movie, “Rust,” which moved filming from New Mexico to Montana.

The new gun analysis from experts in ballistics and forensic testing based in Arizona and New Mexico relied on replacement parts to reassemble the gun fired by Baldwin — after parts of the pistol were broken during earlier testing by the FBI. The new report examines the gun and markings it left on a spent cartridge to conclude that the trigger had to have been pulled or depressed.

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” states the analysis led by Lucien Haag of Forensic Science Services in Arizona.

An attorney for Hannah Gutierrez-Reed, the weapons supervisor on the movie set, disclosed the report in a court filing Tuesday. Gutierrez-Reed has pleaded not guilty to involuntary manslaughter and evidence tampering in the case. Her trial is scheduled to begin in December.

Defense attorneys for Baldwin did not immediately reply to an email Tuesday seeking comment on the gun analysis. A publicist declined comment.

Special prosecutor Kari Morrissey said in an email Tuesday that a formal announcement on whether to refile any charges against Baldwin is forthcoming but didn’t say how soon.

In an early June court filing, prosecutors gave themselves 60 days to renew a case against Baldwin, contingent on a determination that the gun did not malfunction.

“A possible malfunction of the gun significantly effects causation with regard to Baldwin,” they wrote.

Authorities have not specified exactly how live ammunition found its way on set and into the .45-caliber revolver made by an Italian company that specializes in 19th century reproductions.

The company Rust Movie Productions has paid a $100,000 fine to state workplace safety regulators following a scathing narrative of safety failures in violation of standard industry protocols, including testimony that production managers took limited or no action to address two misfires on set before the fatal shooting.

An August FBI report on the agency’s analysis of the gun found that, as is common with firearms of that design, it could go off without pulling the trigger if force was applied to an uncocked hammer — such as by dropping the weapon.

The only way the testers could get it to fire was by striking the gun with a mallet while the hammer was down and resting on the cartridge, or by pulling the trigger while it was fully cocked. The gun eventually broke during the testing.

In Tuesday’s court filing, Gutierrez-Reed’s attorneys asked for new safeguards at trial to ensure the movie armorer can’t be convicted if negligence by any other person was the only significant cause of death or changed the course of events in unforeseeable ways.

Morrissey criticized the defense’s request for special jury instructions as premature and a bid for media attention.

Defense attorneys said they plan to present evidence that Gutierrez-Reed asked assistant director and safety coordinator David Halls to call her back into rehearsal if Baldwin was going to use the gun. She said that didn’t happen before Hutchins was shot.

In March, Halls pleaded no contest to a conviction for unsafe handling of a firearm and received a suspended sentence of six months of probation. He agreed to cooperate in the investigation of the shooting that also wounded director Joel Souza.

Jason Bowles, an attorney for Gutierrez-Reed, said the new analysis of the gun that was fired at Hutchins “supports the idea that there was no modification” to the gun prior to the fatal shooting and that it fired as designed when broken parts were replaced.

The new firearms report contains images of the broken, disassembled gun as delivered in July, along with images taken from a video of Baldwin in rehearsal prior to the fatal shooting, with his finger apparently resting on the trigger of the pistol.

“From an examination of the fired cartridge case and the operationally restored evidence revolver, this fatal incident was the consequence of the hammer being manually retracted to its fully rearward and cocked position followed, at some point, by the pull or rearward depression of the trigger,” the report from Haag states. “The only conceivable alternative to the foregoing would be a situation in which the trigger was already pulled or held rearward while retracting the hammer to its full cock position.”

Iowa Red Cross volunteers helping survivors of Maui fire

By Matt Kelley (Radio Iowa)

More than a half-dozen Iowans are now on the wildfire-ravaged Hawaiian island of Maui, helping survivors there recover from last week’s swift-moving fire. About a hundred people were killed in the fires and almost a thousand are still reported as missing.

Emily Holley, spokeswoman for the American Red Cross Nebraska-Iowa Region, says seven Iowa volunteers are already on duty in Hawaii and several more are on standby.  “We have folks that have deployed from the Central Iowa chapter in Des Moines, we have folks that have deployed from Dubuque and other areas of the Eastern Iowa chapter,” Holley says. “Seven Iowans, that is a lot for one disaster, so, we’re so grateful that Iowans are willing to help our neighbors in Hawaii.”

Most of the Iowans who have been sent to Hawaii are working in emergency shelters, which will likely need to remain open for quite some time.  “That requires a lot of support from the Red Cross to make sure that those shelters are well equipped with everything that folks could need at this time,” Holley says. “A lot of them have lost everything and we want to make sure that they are getting a safe place to stay, food, and also comfort and the emotional support that is needed right now.”

That emotional support is just as valuable in some cases as the staples of nourishment and shelter. “We’ve actually deployed an Iowan who is a certified mental health counselor,” Holley says. “He is part of the mental health team that is helping folks cope with what is happening right now.” Given the distance, the Iowa volunteers are on a mandatory three-week deployment. While Hawaii is a long ways away, this isn’t the farthest Iowa Red Cross volunteers have been deployed in recent months, as the agency sent help from Iowa to Guam following a destructive typhoon in May. Holley says it’s gratifying how willing Iowans are to answer the call — and there are many ways to help.

“You don’t necessarily have to be able to deploy to disasters to be a volunteer with the American Red Cross,” Holley says. “If you only have a couple of hours a month, we have a place for you. If you are wanting to help folks recover from local disasters, we have a place for you. And if you’re willing to deploy, we have a place for you.”

Financial donations are also needed, by visiting the website redcross.org, by texting “REDCROSS” to 90999 to donate 10-dollars, or by calling 1-800-HELP NOW.

Pella Regional to Host 2023 Baby Fair Next Month

PELLA — The Pella Regional Health Center will host its annual Baby Fair next month.

When: September 16 from 9 am to 12 pm

Where: Pella Regional Main Entrance Lobby: 404 Jefferson Street, Pella

The event is intended for new or expecting parents. No registration required.

  • Grand Prize Drawing for a Graco Pack ‘n Play!
  • Breastfeeding Education
  • Car Seat and Seat Belt Safety
  • Childbirth Experts
  • Healthy Pregnancy Tips
  • Infant Safety Education
  • Giveaways
  • Vendor Booths
  • Photo Booth

For questions or more information, call Amanda Drost, Public Relations Coordinator, at 641-621-2362 or adrost@pellahealth.org.

Ottumwa City Council Approves Funding for School Tennis Courts, Discusses Fire Dept. Staff

By Sam Parsons

The Ottumwa city council met last night and held a public hearing for the city’s 2023 Justice Assistance Grant. The city receives a Justice Assistance Grant from the Bureau of Justice Assistance annually to assist law enforcement, particularly for violent crime. This year, the grant totaled $26,628, and was approved unanimously by the council.

In other business, the council passed the second reading of an ordinance increasing the compensation for the mayor and city council members. City Administrator Philip Rath said that the numbers had been the same since 1999. The mayor’s annual compensation changed from $9,000 to $10,200, while council members received a bump from $4,000 to $6,000.

The council also heard an update from the city’s director of human resources, Barb Codjoe, about the staffing situation with the city’s fire department. Codjoe said the city was down 6 positions at the fire department but that they had recently made a new hire and appointed Pat Short as interim Fire Chief.

And the council heard from Ottumwa Community Schools superintendent Mike McGrory on the district’s tennis courts project. The school board discussed the project at their regular meeting on Monday, where McGrory said that the district had committed $750,000 to the project with the hope that the council would approve $750,000 of city funding for it. The project carries an estimated $2.2 million price tag. with the remainder of the funding to come from community fundraising. Councilmember Mark Roe said that he didn’t think the council had enough information to make a sound decision based on the uncertainty of community fundraising and the city’s nearby sewer separation project potentially causing issues, but city engineer Philip Burgmeier said that the two parties had done their due diligence and that the two projects wouldn’t present a conflict. The funding for the tennis courts project was ultimately approved by the council unanimously.

The next regular meeting with the Ottumwa City Council will be held on September 5.

Michael Oher, former NFL tackle known for ‘The Blind Side,’ sues to end Tuohys’ conservatorship

NASHVILLE, Tenn. (AP) — Michael Oher, the former NFL tackle known for being the inspiration for the movie “The Blind Side,” filed a petition Monday in a Tennessee probate court accusing Sean and Leigh Anne Tuohy of lying to him by having him sign papers making them his conservators rather than his adoptive parents nearly two decades ago.

In the petition filed Monday in Shelby County Probate Court, Oher asks for the conservatorship to be terminated along with asking for a full accounting of the money earned off the use of his name and story. He also asks to be paid what he is due along with interest.

He accuses the Tuohys of enriching themselves at his expense by continuing to “falsely and publicly” represent themselves as his adoptive parents “to the date of the filing of this petition.”

“Oher discovered this lie to his chagrin and embarrassment in February of 2023, when he learned that the Conservatorship to which he consented on the basis that doing so would make him a member of the Tuohy family, in fact provided him no familial relationship with the Tuohys,” according to the petition.

Oher, who has never been a fan of the movie about his life, also asks in the petition that the Tuohys be sanctioned and required to pay both compensatory and punitive damages determined by the court.

Steve Farese, a lawyer for the Tuohys, told The Associated Press they will file an answer to the allegations in court but declined to comment further. He was among three attorneys served on behalf of the Tuohys on Monday.

Leigh Anne Tuohy did not immediately respond to an email sent via her personal website.Her husband told The Daily Memphian the conservatorship was done to satisfy the NCAA as Oher considered Tuohy’s alma mater Mississippi for college.

Sean Tuohy said he and his wife would end the conservatorship if that’s what Oher wants.

“We’re devastated,” Tuohy said. “It’s upsetting to think we would make money off any of our children. But we’re going to love Michael at 37 just like we loved him at 16.”

The movie was nominated for an Oscar, and Sandra Bullock won the Academy Award for her portrayal of Leigh Anne Tuohy.

Oher accuses the Tuohys of never taking legal action to assume custody from the Tennessee Department of Human Services before he turned 18. The conservatorship paperwork was filed months after Oher turned 18 in May 2004.

He moved in with the Tuohys just before his senior year of high school and says he was told to call them “Mom” and “Dad.” Oher says in the petition he was encouraged to call the attorney who filed the conservatorship paperwork “Aunt Debbie” Branan.

Oher also alleges the Tuohys had him sign paperwork almost immediately after he moved in as part of the adoption process. Oher says he was “falsely advised” that it would be called a conservatorship because he was already 18 but the intent was adoption.

“At no point did the Tuohys inform Michael that they would have ultimate control of all his contracts, and as a result Michael did not understand that if the Conservatorship was granted, he was signing away his right to contract for himself,” according to the petition.

A book based on Oher’s life was released in September 2006. The author, Michael Lewis, was described in the petition as a childhood friend of Sean Tuohy’s. The petition alleges Oher’s conservators began contract negotiations for movie rights.

The petition alleges a deal was reached to pay the Tuohys, plus children Sean Jr. and Collins, $225,000 plus 2.5% of future defined net proceeds hinging on Oher’s signature. A contract titled “Life Story Rights Agreement” was “purportedly signed by Michael Oher” and dated April 20, 2007, according to the petition.

The petition says Oher believes the signature is similar to his own but that he “at no time ever willingly or knowingly signed this document and that nobody ever presented this contract to him with any explanation that he was signing such a document.”

In the petition, Oher asks for a full accounting of his assets and how they were used considering his life story produced millions of dollars and he received nothing for the rights to something that would not have existed without him.

Oher was the 23rd overall pick in the 2009 draft out of Mississippi, and he spent his first five seasons with the Baltimore Ravens. He wound up playing eight NFL seasons, including 2014 when he started 11 games for the Tennessee Titans. Oher finished his career with two years in Carolina.

He started 110 games and won a Super Bowl with the Ravens. He also finished second in the voting to Percy Harvin of Minnesota for The Associated Press NFL Offensive Rookie of the Year after starting all 16 games his first season at right tackle.

Oher, who turned 37 in May, last played in 2016. He was released in 2017 by Carolina.

Nearly two years ago, supporters cheered when Britney Spears was freed from her conservatorship. The ruling came after Spears publicly demanded the end of the arrangement, which had prevented her from making her own medical, financial and personal decisions since 2008.

Spears’ high-profile battle put a spotlight on efforts that advocates across the United States have launched raising questions that such strict controls result in more harm than protection.

Attorney General Bird Appoints Chief Deputy Leif Olson

DES MOINES — Iowa Attorney General Brenna Bird today announced her appointment of Leif Olson as Chief Deputy Attorney General. Olson is a graduate of Trinity University and the University of Chicago School of Law. He recently served as Chief of the Special Litigation Division of the Texas Attorney General’s office and currently serves as Deputy Attorney General for Special Litigation, leading the Farm and Freedom Division, in the Iowa Attorney General’s office.

“We are so glad to welcome Leif Olson to this new role on our team,” said Attorney General Bird. “Leif has proven leadership skills, a dedication to public service, and track record of success. I know he will be a valuable addition to our office. As Chief Deputy, Leif will play a critical role in our work to support victims, hold the Biden Administration accountable, and protect the rights of all Iowans.”

“Attorney General Bird has been a strong advocate for working with law enforcement and upholding the rule of law,” said Olson. “I was honored to be asked to join her team, and I’m grateful for the opportunity to serve in an office that fights such important battles with so much enthusiasm. I’m excited to get to work for the people of Iowa.”

Oskaloosa, Knoxville Named “Thriving Communities” by IFA

DES MOINES — The Iowa Finance Authority unveiled the list of 11 cities to be named as “Thriving Communities” for 2024 yesterday, and both Oskaloosa and Knoxville were among the communities to receive recognition.

The Iowa Thriving Communities program is a newly established grant program from the state designed to encourage housing development. Cities recognized by the program receive various tax benefits related to the development of housing, including Federal Housing Tax Credits and Workforce Housing Tax Credits.

The IFA said that Oskaloosa and Knoxville, in addition to the 9 other communities listed, “will serve as models for other communities on both a statewide and national level in attracting housing development for all income levels.”

The other communities to be recognized by the IFA were Cedar Rapids, Charles City, Creston, Dubuque, Jefferson, Manning, Muscatine, Stanton, and West Des Moines.

Pella PD Announces New SRO

PELLA — There will be a new School Resource Officer serving the Pella community this fall.

The Pella Police Department, in collaboration with Pella Community Schools and Pella Christian Schools, introduced Officer Mitch Monarchino as the new School Resource Officer (SRO) for Fall 2023. Officer Monarchino is a Central College graduate and had previously worked in IT for the Pella Community School District for ten years. He also served with the Des Moines Police Department for over a year before joining the Pella Police Department.

In a news release, the department said, “Officer Monarchino’s full-time presence in Pella’s schools offers a unique opportunity to establish positive relationships with students, parents, and faculty. The SRO role aligns with the department’s dedication to community policing, school safety, and fostering positive relationships throughout the city. We would like to express our gratitude to the Pella Community School District and Pella Christian Schools for their partnership in the School Resource Officer program.”

Starting next year, child influencers can sue if earnings aren’t set aside, says new Illinois law

CHICAGO (AP) — Illinois is the first state in the U.S. to ensure child social media influencers are compensated for their work, according to Sen. David Koehler, of Peoria, who sponsored a bill that was signed into law and will go into effect on July 1, 2024.

“The rise of social media has given children new opportunities to earn a profit,” Koehler said in an emailed press release after the bill was signed Friday afternoon. “Many parents have taken this opportunity to pocket the money, while making their children continue to work in these digital environments.”

The idea for the law, which covers children under the age of 16 featured in monetized online platforms, including video blogs (also known as vlogs), was brought to Koehler by a 15-year-old in his district, the Democratic senator said.

Besides coordinated dances and funny toddler comments, family vlogs nowadays may share intimate details of their children’s lives — grades, potty training, illnesses, misbehaviors, first periods — for countless strangers to view. Brand deals featuring the internet’s darlings can reap tens of thousands of dollars per video, but so far there are minimal regulations for the “sharenthood” industry, which experts say can cause serious harm to children.

“Videos with kids do really well,” said Bobbi Althoff, a TikToker with more than 5 million followers who used to feature her young daughter in paid advertising, but has since decided not to for privacy reasons.

Many states already require parents to set aside earnings for child entertainers who perform in more traditional settings such as movies and television, but Illinois’ law will be the first to specifically target social media starlets, according to Landon Jacquinot, who is tracking child labor legislation for the National Conference of State Legislatures.

“We could see other states looking into doing something similar, especially in states that have a high volume of family vloggers and social media influencers,” such as California and New York, Jacquinot said. “It’s kind of a new world.”

The Illinois law will entitle child influencers to a percentage of earnings based on how often they appear on video blogs or online content that generates at least 10 cents per view. To qualify, the content must be created in Illinois, and kids would have to be featured in at least 30% of the content in a 30-day period.

Video bloggers — or vloggers — would be responsible for maintaining records of kids’ appearances and must set aside gross earnings for the child in a trust account for when they turn 18; otherwise, the child can sue.

Children “deserve to be shielded from parents who would attempt to take advantage of their child’s talents and use them for their own financial gain,” said Alex Gough, a spokesperson for Illinois Gov. J.B. Pritzker, after the governor signed the legislation.

Shreya Nallamothu, the teen who brought her concerns to Koehler and set the legislation in motion, first zeroed in on the issue while scrolling through social media during quarantine three years ago.

“I realized that there’s a lot of exploitation that can happen within the world of ‘kidfluencing,’” said Nallamothu, now 16. “And I realized that there was absolutely zero legislation in place to protect them.”

She clarified that the law is not meant for parents who share photos of their kids on social media for family and friends, or even those who post a viral video. “This is for families who make their income off of child vlogging and family vlogging,” she said.

Lawmakers in Illinois, where Democrats hold a supermajority, passed the bill in May with bipartisan support.

Other Democratic-led states have made efforts to regulate the child influencer industry with less success. A 2018 California child labor bill included a social media provision that was removed by the time it was passed. Washington state’s 2023 bill — spearheaded by Chris McCarty, another teen and the founder of Quit Clicking Kids, an advocacy organization focused on protecting minors being monetized online — stalled out in committee.

“I sincerely hope that this momentum continues in other states and eventually nationwide,” McCarty said Friday about the Illinois law.

But several Republican-led states this year have instead loosened child labor laws to help alleviate workforce shortages. An Iowa law signed at the end of May allows teenagers to work more jobs and for longer hours, and Arkansas in March eliminated permits that required employers to verify a child’s age and a parent’s consent.

Iowa State Fair’s Big Pumpkin is a 1,221 pounder

By O. Kay Henderson (Radio Iowa)

The winner of the Iowa State Fair’s Big Pumpkin contest is more than 200 pounds heavier than the pig that was crowned as the fair’s Big Boar.

Kids, and adults, are lining up to snap photos with the big orange fruit that weighs over 1,221 pounds. There were 20 entries in this year’s contest and they’re all on display outside the Agriculture Building on the state fairgrounds.

Rhonda Magnusson of Hartford, superintendent of Agriculture and Horticulture Crops at the Iowa State Fair, said it’s not easy to produce a really huge pumpkin. Growers have to keep the varmints away and keep the plants supplied with lots of water. “At some point they’ll grow about 40 pounds a day,” Magnussen said.

It’s early in the pumpkin growing season and most competitions are held in the fall. “If we had this in the first of October or something, we’d have like over 2000 pound pumpkins,” Magnussen said.

The Iowa State Fair started its Big Pumpkin contest nearly 20 years ago and the winners don’t just get bragging rights. There’s an $1,850 prize. This year’s winner was grown by a team. Don Young and his son-in-law Tommy Rhodes of Des Moines have won the contest before.

This year’s Big Boar at the Fair weighed in at 1,012 pounds on the first day of the State Fair. The Super Bull is more than 3,000 pounds. The sheep that won the Big Ram is more than 400 pounds.

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