Cont: Baldwin fatally shoots crewmember on set of movie with prop gun (2)

[Thermal]

Actially we can make this simpler. Your argument relies solely on being physically possible, but with no proofs or evidence. Recall:

Yet physics says that what they described was possible.

Now you're moving the goalposts to having means, motive, and opportunity:

When did Flavor Flav have opportunity?

We are only discussing, at your insistence, what is physically possible. It is physically possible for hype man Flavor Flav to have broken into Joe Swanson's shop, got on his press, filled a casing partially with powder, and sucked on the casing, allowing the aforementioned diamond to dislodge from.his grill, creating the famed Magic Rattling live load. As a bonus, diamond is harder than steel, and a fragment might have later come in contact with the sear, abrasing it.

If nothing about that defies the laws of physics, you must consider it as valid as your loosey goosey approach to what constitutes probable cause. We good?

 

[acbytesla]

Does anyone have a link to the court documents? Specifically the final dismissal of the Baldwin case and Morrissey's response to the Defense's motion to dismiss?

I just watched a lawyer go over the final order and it is truly scathing in its criticism of Hancock, Poppell and Morrissey. It says that the State was consistently late in providing discovery. And that it deliberately withheld evidence from the Defense.

It also says that both Hancock and Poppell gave false testimony. And that Morrissey gave "inconsistent" testimony. And finally that Morrissey elicited false testimony.

What's ridiculous is Morrissey is saying the judge was wrong dismissing the case.

 

[acbytesla]

And BTW. Judge Sommer also stated that the State misrepresented that the only avenue of ammunition to the set was through HGR. But that it also came via PDQ/Seth Kenney and through Sarah.

 

[Crazy Chainsaw]

And BTW. Judge Sommer also stated that the State misrepresented that the only avenue of ammunition to the set was through HGR. But that it also came via PDQ/Seth Kenney and through Sarah.

Yes I know the state suppressed any potentially exonerating Evidence.

 

[Crazy Chainsaw]

The live rounds being discussed were found in a can of "miscellaneous" rounds. Flav had years and years of opportunity for his famed B&E bullet sucking endeavors.

But you're up first. Please describe Swanson's reloading equipment and the work area. Details, please, including model numbers and a layout. Then you need to show how shot had the opportunity to get into the powder during the reloading process undetected.

If you say "well I guess it just fell from the sky and no one noticed", then we can say the same of Flav.

Number 1 Is easy, Human error by one of Joe Swanson's Employees, they primed some cases and dropped in some lead shot, then mixed those cases in with Thells reloads, instead of finishing them as Dummy rounds, by deactivation of the primers and pressing in a Bullet.there could have been multiple live rounds shot on the !883 Cowboy camp, that rattled and no one would have cared, because everyone knew those live rounds were not Dummy rounds, and none of them were shaken.

 

[acbytesla]

And BTW. Judge Sommer also stated that the State misrepresented that the only avenue of ammunition to the set was through HGR. But that it also came via PDQ/Seth Kenney and through Sarah.

Yes I know the state suppressed any potentially exonerating Evidence.

My point wasn't that the evidence supported that conclusion, but that Judge stated this in her ruling making this a judicial fact which was not considered a judicial fact in the HGR case.

That opens the door a bit for HGR. It also shows that the judge is pretty mad about this case.

 

[Crazy Chainsaw]

My point wasn't that the evidence supported that conclusion, but that Judge stated this in her ruling making this a judicial fact which was not considered a judicial fact in the HGR case.

That opens the door a bit for HGR. It also shows that the judge is pretty mad about this case.

Well she did give HGR the Maximum sentence in a conviction that could be overturned.

 

[Thermal]

Number 1 Is easy,

Then why didn't you answer it? You just repeated that the shot magically appeared.

Human error by one of Joe Swanson's Employees,

What employees?

they primed some cases and dropped in some lead shot,

This is what you were asked to explain. How did the shot get in there when there is no shot involved in loading live bullets? Do these imaginary Ommpah Loompas have shot stuck in their beards that falls out, somehow getting around the press? Seems like it would actually be fairly complicated to grab a single lead shot and work your fingers into the press to be able to drop it in such a narrow opening. This all assumes Joe is not using an automated press, mind you. You have evidence about his specific shop setup, yes?

We know that shot is not used in bullet production, so your repeating that it just magically and/or accidentally fell from the sky is actually not possible. Shot does not spontaneously rain down indoors in a workshop and fall into casings that are basically surrounded by a press, that prevent foreign matter from entering the casing.

So the Flavor Flav Hypothesis is physically possible, but the Magic Rattling Bullet is not.

 

[Crazy Chainsaw]

Then why didn't you answer it? You just repeated that the shot magically appeared.



What employees?



This is what you were asked to explain. How did the shot get in there when there is no shot involved in loading live bullets? Do these imaginary Ommpah Loompas have shot stuck in their beards that falls out, somehow getting around the press? Seems like it would actually be fairly complicated to grab a single lead shot and work your fingers into the press to be able to drop it in such a narrow opening. This all assumes Joe is not using an automated press, mind you. You have evidence about his specific shop setup, yes?

We know that shot is not used in bullet production, so your repeating that it just magically and/or accidentally fell from the sky is actually not possible. Shot does not spontaneously rain down indoors in a workshop and fall into casings that are basically surrounded by a press, that prevent foreign matter from entering the casing.

So the Flavor Flav Hypothesis is physically possible, but the Magic Rattling Bullet is not.

No automated press, can climp blank rounds, Joe Swanson is a small scale manufacturer with 90 % of his work being coustom Blanks, and Dummy Rounds he does do some reloading but not much, mostly loading Blank Ammo for theatrical productions.
Automated presses are made to load live rounds and that still doesn't prevent an accidentally contaminated round or Mutiple accidentally contaminated rounds from getting accidentally in the Automated press, that makes it more likely not less likely.
Why would you use an Automated Press to manufacture Dummy Rounds and Blanks it doesn't make sense.

 

[Thermal]

No automated press, can climp blank rounds, Joe Swanson is a small scale manufacturer with 90 % of his work being coustom Blanks, and Dummy Rounds he does do some reloading but not much, mostly loading Blank Ammo for theatrical productions.
Automated presses are made to load live rounds and that still doesn't prevent an accidentally contaminated round or Mutiple accidentally contaminated rounds from getting accidentally in the Automated press, that makes it more likely not less likely.
Why would you use an Automated Press to manufacture Dummy Rounds and Blanks it doesn't make sense.

You are answering unrelated questions again.
{ETA for clarity: I said clearly that I assume he is not using an automated press, then you go on a tirade about why Joey would not use an automated press. I mean, would requesting you to read the posts be a bridge too far? A bar too high? An Ommpah Loompa with #2 lead shot dripping out of his beard too orange ?}

I asked if you knew (not made things up) exactly what his shop setup was. I doubt very seriously that you have examined his P&L statements and personal hobbies to determine if he made use of an automated press. While Joe Swanson's Movie Blanks Inc might primarily make blanks, Joe himself might do whatever he likes outside of that corporate entity's doings. We know for instance that he makes live loads to some degree. You have knowledge of how many he makes, yes? Or are you making it up?

Just provide your evidence about exactly what kind of shop setup he has (which you are claiming to have knowledge about), so that we can figure out if it is possible for lead shot to bypass the press and accidentally fall into the less than half inch orifice that is sheltered from overhead contaminants. Chop chop.

 

[Crazy Chainsaw]

You are answering unrelated questions again.
{ETA for clarity: I said clearly that I assume he is not using an automated press, then you go on a tirade about why Joey would not use an automated press. I mean, would requesting you to read the posts be a bridge too far? A bar too high? An Ommpah Loompa with #2 lead shot dripping out of his beard too orange ?}

I asked if you knew (not made things up) exactly what his shop setup was. I doubt very seriously that you have examined his P&L statements and personal hobbies to determine if he made use of an automated press. While Joe Swanson's Movie Blanks Inc might primarily make blanks, Joe himself might do whatever he likes outside of that corporate entity's doings. We know for instance that he makes live loads to some degree. You have knowledge of how many he makes, yes? Or are you making it up?

Just provide your evidence about exactly what kind of shop setup he has (which you are claiming to have knowledge about), so that we can figure out if it is possible for lead shot to bypass the press and accidentally fall into the less than half inch orifice that is sheltered from overhead contaminants. Chop chop.

His Buisness location is his house, he is a small scale manufacturer, not a big industrial Manufacturer, he mainly does Blanks for the Motion picture industry. That's a very limited market.

 

[Thermal]

His Buisness location is his house, he is a small scale manufacturer, not a big industrial Manufacturer, he mainly does Blanks for the Motion picture industry. That's a very limited market.

Your reply addresses nothing posted.

 

[Crazy Chainsaw]

You are answering unrelated questions again.
{ETA for clarity: I said clearly that I assume he is not using an automated press, then you go on a tirade about why Joey would not use an automated press. I mean, would requesting you to read the posts be a bridge too far? A bar too high? An Ommpah Loompa with #2 lead shot dripping out of his beard too orange ?}

I asked if you knew (not made things up) exactly what his shop setup was. I doubt very seriously that you have examined his P&L statements and personal hobbies to determine if he made use of an automated press. While Joe Swanson's Movie Blanks Inc might primarily make blanks, Joe himself might do whatever he likes outside of that corporate entity's doings. We know for instance that he makes live loads to some degree. You have knowledge of how many he makes, yes? Or are you making it up?

Just provide your evidence about exactly what kind of shop setup he has (which you are claiming to have knowledge about), so that we can figure out if it is possible for lead shot to bypass the press and accidentally fall into the less than half inch orifice that is sheltered from overhead contaminants. Chop chop.

Seth Kenney stated that 90% of Joe Swanson's Buisness was Blanks.

 

[Thermal]

Seth Kenney stated that 90% of Joe Swanson's Buisness was Blanks.

Is ol' Seth Joe's accountant, is he? And you quite conveniently pick and choose what to deem credible coming from Kenney. There's a term for that.

And it remains unrelated to the questions posed.

 

[Crazy Chainsaw]

Is ol' Seth Joe's accountant, is he? And you quite conveniently pick and choose what to deem credible coming from Kenney. There's a term for that.

And it remains unrelated to the questions posed.

The only thing Joe Swanson advertises are his movie blanks.

 

[Thermal]

The only thing Joe Swanson advertises are his movie blanks.

*looks around*

Did someone ask you what Joe Swanson advertises?

More to the point, what businesses he chooses to advertise is not the indicator of his financial situation or equipment availability. Hell, I'm self employed and don't advertise at all. You don't even know what he does or doesn't do for income, except for one, as you call it, "small" gig. He can be making reloads under the table or under a different name, making three times as much as his blanks. He might advertise the blanks only to attract the attention of producers who don't know him personally, or as the high visibility "losing business" that he shows on his taxes. He might have lucrative businesses under fictitious names that you are utterly unaware of. You know nothing at all about his financial situation or (and this is what the question was) what kind of shop and equipment he has that these #2 lead shot are allegedly raining down out of the sky.

 

[Crazy Chainsaw]

*looks around*

Did someone ask you what Joe Swanson advertises?

More to the point, what businesses he chooses to advertise is not the indicator of his financial situation or equipment availability. Hell, I'm self employed and don't advertise at all. You don't even know what he does or doesn't do for income, except for one, as you call it, "small" gig. He can be making reloads under the table or under a different name, making three times as much as his blanks. He might advertise the blanks only to attract the attention of producers who don't know him personally, or as the high visibility "losing business" that he shows on his taxes. He might have lucrative businesses under fictitious names that you are utterly unaware of. You know nothing at all about his financial situation or (and this is what the question was) what kind of shop and equipment he has that these #2 lead shot are allegedly raining down out of the sky.

Anyone who makes dummy rounds can make reloads all you have to do is add gunpowder. The Same equipment used to make Dummy rounds is the same required for reloading. You can also easily make a shot dispenser to load one Number 2 shot in a cartridge, but that still doesn't eliminate human error.
Human Error is all that is required for a Rattling live round to be made.

 

[Thermal]

Anyone who makes dummy rounds can make reloads all you have to do is add gunpowder. The Same equipment used to make Dummy rounds is the same required for reloading. You can also easily make a shot dispenser to load one Number 2 shot in a cartridge, but that still doesn't eliminate human error.
Human Error is all that is required for a Rattling live round to be made.

I didn't ask what you can speculate about what might have theoretically happened. We know you can make up all kinds of wild scenarios. I asked you for specifics so we could work out of it reasonably could have happened, beyond your imagination. Since you are intentionally ducking a direct response, there's no point in continuing. See ya on the next one.

 

[Crazy Chainsaw]

I didn't ask what you can speculate about what might have theoretically happened. We know you can make up all kinds of wild scenarios. I asked you for specifics so we could work out of it reasonably could have happened, beyond your imagination. Since you are intentionally ducking a direct response, there's no point in continuing. See ya on the next one.

Of course it could have happened by Human error aa most accidents di happen. That's why a better system needs to be established that doesn't rely on human judgement.

 

[Crazy Chainsaw]

My point wasn't that the evidence supported that conclusion, but that Judge stated this in her ruling making this a judicial fact which was not considered a judicial fact in the HGR case.

That opens the door a bit for HGR. It also shows that the judge is pretty mad about this case.

Hopefully the motion hearing will be this week and we can find out more.

 

[acbytesla]

Hopefully the motion hearing will be this week and we can find out more.

Yeah, I'm very interested in that hearing. Morrissey took some sparky swipes at the judge since the Baldwin dismissal. Which I found shocking and unsurprising at the same time.

She is cruising for a bruising.

 

[Crazy Chainsaw]

Yeah, I'm very interested in that hearing. Morrissey took some sparky swipes at the judge since the Baldwin dismissal. Which I found shocking and unsurprising at the same time.

She is cruising for a bruising.

Yes she is as is the Sheriff's department, they started lying in 2021 and now they just can't stop.

 

[acbytesla]

Yes she is as is the Sheriff's department, they started lying in 2021 and now they just can't stop.

I see they have scheduled the motion to dismiss hearing for September 4th. That will mean that HGR will have been in prison for 6 months at that time.

 

[Crazy Chainsaw]

I see they have scheduled the motion to dismiss hearing for September 4th. That will mean that HGR will have been in prison for 6 months at that time.

I know and think of this, not one employee at the Sheriff's department has even shaken one of the Troy Teske Live rounds to see it they exhibited a Rattle noise simular to a dummy round. You would think since they come from Thell Reed, they would have wanted to assertion if Joe Swanson, had accidentally manufactured some dangerous Ammunition.

 

[acbytesla]

I was wrong. The motion to dismiss is tomorrow, not today. I see Morrissey moved today to have the judge to reinstate the charge against Baldwin. No way in hell is Judge Somer going to reinstate charge. It's ridiculous she even filed the motion.

From what I can see it amounts to a pretty please and we didn't mean to hide evidence. Nothing new was in the motion.

Morrissey said there were “insufficient facts” to support the judge’s ruling. Morrissey argued that the evidence in question was not relevant to Baldwin’s defense.

“No one on the prosecution team ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case,” Morrissey wrote in the filing.

The judge not only made the ruling which amounted to rebuking Morrissey, it was done publicly. Judge Somers is not going to say she made a mistake. No, she is far more likely will rebuke Morrissey again.

 

[Crazy Chainsaw]

I was wrong. The motion to dismiss is tomorrow, not today. I see Morrissey moved today to have the judge to reinstate the charge against Baldwin. No way in hell is Judge Somer going to reinstate charge. It's ridiculous she even filed the motion.

From what I can see it amounts to a pretty please and we didn't mean to hide evidence. Nothing new was in the motion.



The judge not only made the ruling which amounted to rebuking Morrissey, it was done publicly. Judge Somers is not going to say she made a mistake. No, she is far more likely will rebuke Morrissey again.

Yep this is crazy I look for Hannah's charges to be dismissed it's clear Morrisey screwed up both cases.

 

[smartcooky]

Judge Mary Marlowe Sommer has chucked out the application to reinstate, because Morrissey's submission was 52 pages long, and its only allowed to be 10 pages, a strict rule in New Mexico court rules of procedure

https://deadline.com/2024/09/alec-baldwin-rust-retrial-sought-1236079303/

“Given the procedural posture of the case, the court must enforce the local rule to regulate the court’s docket and promote judicial efficiency,” Judge Sommer wrote in her denial ruling late on September 5, emphasising that the filing should have been 10-pages long unless Morrissey got permission to go longer, which she did not.

Clearly intent on rubbing some salt in the wound she just gave Morrissey, Judge Sommer also made a point of referencing another case on a same procedural issue.

“A winning argument can fit within the limitations of the rule.”​

Just how incompetent is Morrissey? How could someone of her experience not know the rules of procedure in a court where she is trying a case.

 

[acbytesla]

Yep this is crazy I look for Hannah's charges to be dismissed it's clear Morrisey screwed up both cases.

Except for Hannah the standard for tossing a fully adjudicated case is significantly higher than In Baldwin's case. He hadn't been convicted. It doesn't matter whether or not the hidden evidence would necessarily prove his innocence. Only that the prosecution hid it. Until Baldwin was found guilty he is entitled to a presumption of innocence.

But Hannah OTOH is presumed to be guilty since she was convicted. She must show the evidence most likely resulted in a hung jury or an acquittal. This seems grotesquely unfair considering just how unfairly Morrissey prosecuted the case. So I definitely see Somer not throwing out her case.

 

[Darat]

Judge Mary Marlowe Sommer has chucked out the application to reinstate, because Morrissey's submission was 52 pages long, and its only allowed to be 10 pages, a strict rule in New Mexico court rules of procedure

https://deadline.com/2024/09/alec-baldwin-rust-retrial-sought-1236079303/

“Given the procedural posture of the case, the court must enforce the local rule to regulate the court’s docket and promote judicial efficiency,” Judge Sommer wrote in her denial ruling late on September 5, emphasising that the filing should have been 10-pages long unless Morrissey got permission to go longer, which she did not.

Clearly intent on rubbing some salt in the wound she just gave Morrissey, Judge Sommer also made a point of referencing another case on a same procedural issue.

“A winning argument can fit within the limitations of the rule.”​

Just how incompetent is Morrissey? How could someone of her experience not know the rules of procedure in a court where she is trying a case.

And not know how to change font size?

 

[smartcooky]

And not know how to change font size?

It varies from state to state, but written legal submissions usually have a standard format that includes thing like paper size, spacing between paragraphs, lines and even sentences, as well as a set of acceptable font sizes. This is to stop lawyers and prosecutors from doing precisely what you are suggesting... making the font so small that you can end run around the filing page number rules.

I couldn't find the New Mexico rules, but as an example, the Virginia courts rules are

Paper: Legal (8.5 x 14 inches)
Line Spacing: Double spaced
List of acceptable fonts: Arial, Cambria, Century, Century School Book, Constantia, Courier New, Franklin Gothic Book, Georgia, Palatino Linotype, Tahoma, Times New Roman, and Verdana
Acceptable font sizes: No smaller than 14pt, no larger that 24 pt

 

[acbytesla]

Judge Mary Marlowe Sommer has chucked out the application to reinstate, because Morrissey's submission was 52 pages long, and its only allowed to be 10 pages, a strict rule in New Mexico court rules of procedure

https://deadline.com/2024/09/alec-baldwin-rust-retrial-sought-1236079303/

“Given the procedural posture of the case, the court must enforce the local rule to regulate the court’s docket and promote judicial efficiency,” Judge Sommer wrote in her denial ruling late on September 5, emphasising that the filing should have been 10-pages long unless Morrissey got permission to go longer, which she did not.

Clearly intent on rubbing some salt in the wound she just gave Morrissey, Judge Sommer also made a point of referencing another case on a same procedural issue.

“A winning argument can fit within the limitations of the rule.”​

Just how incompetent is Morrissey? How could someone of her experience not know the rules of procedure in a court where she is trying a case.

It was not only 52 pages long. It included 300 pages of exhibit details. And Morrissey just submitted a request to exceed the page limit. Which amounted to saying the judge allowed the defense to submit longer motions. There of course being a huge difference in that this was before the trial. And that being the judge knew that insisting on the page limi, the defense would have made multiple motions with the additional information.

Morrissey also failed to include legal rationale. She just seems to be attempting to relitigate the argument she made before the court before the case was dismissed with prejudice.

Which leads me to ask this question. Why is the judge even entertaining the motion given that there is nothing that can be reconsidered?

 

[smartcooky]

It was not only 52 pages long. It included 300 pages of exhibit details. And Morrissey just submitted a request to exceed the page limit. Which amounted to saying the judge allowed the defense to submit longer motions. There of course being a huge difference in that this was before the trial. And that being the judge knew that insisting on the page limi, the defense would have made multiple motions with the additional information.

Morrissey also failed to include legal rationale. She just seems to be attempting to relitigate the argument she made before the court before the case was dismissed with prejudice.

Which leads me to ask this question. Why is the judge even entertaining the motion given that there is nothing that can be reconsidered?

Maybe she thinks that not only does she need to be fair, but she needs to be seen to be fair?

 

[acbytesla]

Maybe she thinks that not only does she need to be fair, but she needs to be seen to be fair?

Yes, I get that.

But it seems to me that the judge wouldn't even have the right to reconsider after she dismissed the jury. Jeopardy was attached. How is this not a Fifth Amendment violation?

What case law allows such reconsideration?

 

[smartcooky]

Yes, I get that.

But it seems to me that the judge wouldn't even have the right to reconsider after she dismissed the jury. Jeopardy was attached. How is this not a Fifth Amendment violation?

What case law allows such reconsideration?

A case dismissed with prejudice cannot be refiled, but it can be appealed.

https://conklinlaw.com/can-a-case-dismissed-with-prejudice-be-appealed/

How Do You Appeal Your Case After a Dismissal With Prejudice?

When you hire an appeals attorney, the first thing they do is to analyze your case for valid grounds for appeal. Civil and criminal appeals alike can only be sought if an error was made in the trial court that affected the outcome of the case.

Such grounds for appeal can include:

• Errors of law or fact
• Procedural errors
• Jury misconduct​

 

[catsmate]

And not know how to change font size?

Every word processor for the last thirty years has has a word count feature. In fact that was an issue between Word and Word Perfect regarding legal filings in USAia, back in the day.

 

[acbytesla]

A case dismissed with prejudice cannot be refiled, but it can be appealed.

https://conklinlaw.com/can-a-case-dismissed-with-prejudice-be-appealed/

How Do You Appeal Your Case After a Dismissal With Prejudice?

When you hire an appeals attorney, the first thing they do is to analyze your case for valid grounds for appeal. Civil and criminal appeals alike can only be sought if an error was made in the trial court that affected the outcome of the case.

Such grounds for appeal can include:

• Errors of law or fact
• Procedural errors
• Jury misconduct​

True. But a motion to reconsider is not an appeal to an appellate court.

 

[JayUtah]

What I was able to find out is based mostly on Utah law, which may not apply to New Mexico. A dispositional order is not perfected until any motions that pertain to it are also ruled on. You can move to reconsider almost literally any order (interlocutory or dispositional), although it's not common—they're akin to "strenuously objecting," if you get the reference. Most motions to reconsider are ruled upon summarily from the bench:

Counsel: Move to reconsider
The Court: Motion to reconsider is denied.

Here it seems the judge is giving Morrissey ample rope to hang herself. But the key principle seems to be that all the procedural appendages that flow from any order become part of that order, and must be resolved all at once. Not all these appendages appear in every proceeding. But here, if there is a motion to reconsider the order disposing of the case, the case is not considered disposed until the motion to reconsider is properly ruled on. This is why double jeopardy does not apply. Because the motion attaches to the dispositional order, the case has not been fully dismissed and won't be until someone rules on the motion to reconsider. If that motion is denied, the order is perfected and the dismissal is final at the trial stage and ripe for appeal (if appropriate).

The reason this is different than an appeal is because the standard of adjudication is different. Motions to reconsider are reviewed according to the "abuse of discretion" standard. Appeals and motions to vacate are reviewed according to the "manifest error of law" standard. Since the arguments toward those different standards differ, the movant may have more luck with one than the other.

 

[smartcooky]

I would remind everyone of this sentence in Justice Marlowe Sommer's decision....

"The state's wilful withholding of this information was intentional and deliberate. If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching"​

That is not just a rap on the knuckles for Morrisey. In English parlance, we would say that she gave Morrissey a "right-royal bollocking", in American terms, the judge ripped her a new one!

After that, I can't see the same judge agreeing that she got it wrong and reversing herself.

 

[JayUtah]

That is not just a rap on the knuckles for Morrisey. In English parlance, we would say that she gave Morrissey a "right-royal bollocking", in American terms, the judge ripped her a new one!

American lawyers call it a "bench slap."

 

[smartcooky]

American lawyers call it a "bench slap."

And that is a serious rebuke, right?