♪ [ cheers and applause ] ♪ this is "nightline." >> byron: tonight, alec baldwin indicted again for involuntary manslaughter in the 2021 on-set shooting death of a cin

cinematog cinematographer. the new evidence prosecutors say now makes is actor criminally culpable. what baldwin told us weeks after the shooting. >> i would never point a gun at anyone and pull the trigger, no. scott peterson innocent? >> there were an unbelievable amount of leads that pointed everywhere but scott. >> phil: is there new evidence that may support his exoneration? why this burglary across the street and this burnt orange van could be the key. >> it was strictly a circumstantial evidence case. >> phil: one on one with ach hav ava duvernay. the acclaimed director of "origin" catching oscar buzz. >> you escape trauma by confronting it. >> i believe this film will be one that lasts and that makes me proud. >> phil: what sets it aside from other contenders. dolly's birthday surprise. a gift from the 78-year-old rock star.

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♪ >> phil: good evening. thanks for joining us. i'm philip off. an explosive development in the "rust" movie set shooting death. alec baldwin once again facing charges. abc's kayna whitworth with more. >> this is a crime scene.

>> reporter: exactly one year after alec baldwin was initially charged and later saw the case dropped, tonight the actor charged yet again with involuntary manslaughter. >> i was the one holding the gun, yeah. >> reporter: a new jersey grand jury indicting the actor in the 2021 death of cinematographer halyna hutchens, killed when the revolver baldwin was rehearsing with fired a live bullet. in april special prosecutors dropping initial charges against the actor after sources say the gun was determined to be mechanically improper. but nearly six months later, after receiving new analysis of that gun and expert testimony, prosecutors announcing they would seek to recharge him, saying additional facts have come to light that show mr. baldwin has criminal culpability. in an interview with george stephanopoulos weeks after, baldwin adamant he did not pull the trigger. >> you never pulled the trigger? >> no, no, no. i would never point a gun at

anyone and pull a trigger, never. >> reporter: his lawyer says in a statement, we look forward to our day in court. stunning developments in a murder case that gripped the nation more than two decades ago. today, scott peterson's former attorney and one of the jurors at his trial gave their opinions of the explosive new allegations made by the los angeles innocence project. a burnt-out van. untested dna evidence. a new champion for scott peterson's cause. >> we, the jury, find the defendant, scott peterson, guilty -- >> reporter: the los angeles innocence project announcing it is re-examining the case that gripped the country more than 20 years ago. the disappearance and murder of laci peterson. >> the innocence project taking out this case gives more capability to any kind of an attempt at appeal. >> i am stunned that an organization with as much at stake as the innocence project would get involved with this

case. they believe that there's a real shot he didn't do it. and that someone else did. >> reporter: the 1,500-page motion details explosive claims of untested evidence, witness statements, and an alleged confession from an eliminated suspect. >> they're basically saying there are three key pieces of evidence that weren't examined thoroughly enough. number one, the burglary across the street. number two, a van that was found burnt out nearby. and number three, eyewitnesses who may have seen laci peterson after the time that scott went to the marina. >> the allegation in this filing is they did not investigate and that they did not go through and do their due diligence. >> reporter: blood sampled on the mattress found in the van were collected by police but not tested against laci's dna. >> they're saying, we need to test it to be able to show that there's evidence. >> reporter: mark geragos was scott peterson's lead attorney during his trial.

>> there were an unbelievable amount of leads and pieces of evidence that pointed everywhere but scott. >> reporter: questions geragos says were not answered by the time peterson was on trial. >> we were getting dumped discovery, literally while we were trying the case. i must have stood up at least ten times and said, "judge, how are they proceeding on this case when they just turned over yet another terabyte worth of evidence that they've never investigated? ". >> reporter: in the 30 years since it was founded, the innocence project has successfully overturned the verdicts of nearly 250 cases, including two men in prison for the sass assassination of malcolm x, cleared in 2021. the man at the center of the sensational serial podcast. at this point, the los angeles chapter of the group offering up

only a short statement saying, "the los angeles innocence project represents scott peterson and is investigating his claim of actual innocence. we have no further comment at this time." they're taking on the case but not without per mill. >> with barry scheck and peter neufeld, both involved with the innocence project, got involved in o.j. simpson's defense, the innocence project took a huge hit. they risk that here as well. >> reporter: laci peterson, 27 years old and 8 months pregnant, went missing christmas eve. she was all smiles in her photos. >> america was captivated by this story. >> reporter: scott claimed he'd been fishing in the san francisco bay when laci disappeared. but when a mistress surfaced a few weeks later -- >> scott told me he was not married. we did have a romantic relationship. >> the world turned against him when amber frey came forward. when it became clear that he had

started a relationship a month before laci went missing. >> reporter: investigators zeroed in on scott arthur lead suspect. >> there was no reason for scott to kill laci. he loved laci. he was looking forward to his son. was he having an affair with amber? yes. was it anything more than just recreational sex? no. >> reporter: he sat down with diane sawyer for an interview a week after amber's bombshell revelation. >> i think everybody sitting at home wants the answer to the same question. did you murder your wife? >> no, no. i did not. and i had absolutely nothing to do with hare disappearance. >> reporter: four months after laci disappeared, her body and unborn child, a boy already named conner, were found washed ashore near where peterson said he'd been fishing the day his wife disappeared. he was arrested several days later. by this time, peterson had dyed his naturally dark hair blond

and had thousands of dollars in cash, several phones, camping equipment, and changes of clothes when he was arrested, details that convinced those obsessed with the case that he had something to hide. >> he had dyed his hair because he was still trying to work as a salesperson, the media was haunting him, and he thought that would be one way to not draw attention to himself. then the cash was because he didn't want people tracking where he was spending his money. >> reporter: during a five-month trial -- >> what convicted scott peterson were his own words. his changing stories about what he was doing on the day that laci went missing, what he'd said to amber frey before his wife went missing, and where the body was found. >> reporter: while the defense claimed there was a rush to judgment. >> this was a complete collapse of evidence. it was nothing more than a prejudgment of guilt. it was the most horrific thing

i've ever seen. the blood lust to get a conviction in this case. >> the scott peterson murder trial, a jury has convicted him of murder -- >> reporter: after only 11 hours of deliberation, the jury found peterson guilty of first-degree murder of laci and second-degree murder of conner. >> at the time, it seemed people thought the verdict was fair. i'll never forget the cheers outside the courthouse, the crowds outside cheering when they found out that the jury had come back with a guilty verdict. >> those were respectful deliberations. debates between 12 people who never met each other prior to that trial. yet somehow, in the end, all agreed on one thing. and that was that scott peterson was guilty of having murdered his wife and unborn child. >> reporter: a month later, he was sentenced to death. now 51 years old, peterson is currently serving life without parole in mule creek state prison after his december

sentence was overturned on appeal. >> he was given life in prison instead of death. but most of his time has been on the banks of the san francisco bay where laci peterson's body was found. >> reporter: through it all, peterson maintaining his innocence. much of the new filing centers around a burglary that occurred across the street from the home scott and laci shared in the week that laci was last seen alive. >> their allegation here is that some witnesses believed that laci peterson interrupted that burglary, and then she was killed because of it by those who were involved in it. police said they looked into it, but now the l.a. innocence project is saying did they really look into it? did they do dna testing on the blood in the van? >> the problem is that the van and the burglary and the eyewitnesses were all issues that the defense brought up at trial. they don't have the smoking gun. instead what they have are questions.

questions they want answered. and that's typically not enough. >> reporter: but is it possible that scott peterson might get a new trial? >> there's a number of options for the courts here. the most likely one is probably they're going to do nothing. the second most likely would be, they hold a hearing. which is possible, that a hearing is held to assess what is the new evidence? and from scott peterson's perspective, the best-case scenario would be that he gets a new trial. >> the interest that this case is already getting from america 20 years later is amazing to me. it's turned into a giant story all over again. america seems to want to know, did he kill his wife? >> phil: abc news will continue to cover the developments in this story as they unfold. when we come back, one on one with "origin" director ava duvernay. why she says making history at the venice film festival was bittersweet.

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♪ >> phil: welcome back. when the book "cast" became a bestseller in 2020, it challenged the world's view of what racism really is. the unlikely story has become the feature film "origin." through the vision of acclaimed director ava duvernay. she sat down with abc's linsey davis. >> you don't escape trauma by ignoring it. you escape trauma by confronting it.

i don't write questions. i write answers. >> the first time you read "cast," are you thinking right away, this could be a movie? >> absolutely not. "cast" is a beautiful book by isabel wilkerson that is basically an anthropo logical thesis. it's talking about ideas writ large. a lot of facts, figures, anecdotes but no character. usually i see a character, i think there's a movie in there. this didn't have that. when i read it the second time, i started to hear her voice. >> most relationships end. friendships, romances. >> we hear her in the movie quoting to her editor, racism as the primary language to explain everything is insufficient. >> yes. >> that seems to be the premise then upon which the book and

therefore the movie is built on. how did you go about taking that theme and turning it into a movie? >> well, the investigation, the unfolding of the mystery of how do we get from race, race, race, everything is race, to, she had an inkling there's something else there that she wanted to dig into, and she starts to stud caste. she travels the world to gather examples. one of the things she told me in interviews with her was that the trayvon martin case was the impetus, the spark, to start to think about, wait, everyone's calling that race. but it doesn't quite fit in the box. you have a latino killer of a black boy and the assault is in protection of a white community. how is that race? how does that -- so that starts to get her as an author, a investigator, a former reporter, intrigued. she went and set about trying to figure it out.

>> are these the tapes? >> of what? >> we've had break-ins in my neighborhood and there's a real suspicious guy, looks like he's up to no good or something -- >> doing it without a studio, do you think you've created this new pathway? >> independent filmmaking has a long legacy, but for me in the terms of the way we raise the money through philanthropic organizations, nonprofits that have the same mission as the movie, which is justice and dignity for all, to fight for our freedoms. so instead of going to a studio to create the budget, we went to these organizations and said, would you be interested in doing a film? >> tell us about the history that you made at the venice film festival. >> well, you know, this is the world's oldest film festival. and it is one that has not seen an african american woman in competition. and while, yes, it was a beautiful moment when it happened, it was very bittersweet in terms of the

absence that my first really highlights. that in the world's oldest film festival, that in 2023, the first time it was deemed -- i don't know -- worthy to have an african american woman in competition. which is ridiculous. >> 2024, still experiencing firsts? >> i mean, it's a little -- it's a lot. it's a lot to take in. >> i've heard you talk about your relationship with ingenue for this as the most intellectually rigorous actor collaboration. how do? >> aunjenue's mind is a brilliant one. she's fearless. we were very open with one another in terms of what we both needed. there were times where she said, "you know this line, i don't quite get." usually as a director i'll say, this is what it means, i got it, i'll figure it out. "i still don't get it. would you want to rewrite it,

take a look at this a little closer? "it was that collaboration and pushing. looking at the material, things we agreed with, disagreed with, even in the book, disagreed with each other. so we're skochbl pushing and pulling each other to get to a place trying to figure out how to make this very kind of monumental concept of caste accessible. >> i want to be in the story. really inside the story. >> what does it mean to get that oscar buzz, or not, for a project that you know is great? >> i had to grapple with myself as to how i feel about that. had to really put my work in its proper place and understand for myself what matters to me. so it's been an illuminating time for me to kind of check myself. time will tell. so i believe that this film will be one that lasts, and that makes me really proud.

>> phil: our thanks to linsey. "origin" is in theaters now, and oscar nominations will be announced next tuesday morning live on "gma." when we come back, happy birthday to and from rock star dolly parton. ♪ ♪ rock star i stand before my mirror ♪ that's why he switched to dovato. dovato is a complete hiv treatment for some adults. no other complete hiv pill uses fewer medicines to help keep you undetectable than dovato. detect this: marnina learned that most hiv pills contain 3 or 4 medicines. dovato is as effective with just 2. if you have hepatitis b, don't stop dovato without talking to your doctor. don't take dovato if you're allergic to its ingredients or taking dofetilide. this can cause serious or life-threatening side effects. if you have a rash or allergic reaction symptoms, stop dovato and get medical help right away. serious or life-threatening lactic acid buildup

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>> phil: finally tonight, it's dolly parton's birthday. but we're the ones getting a present. the 78-year-old singer unexpectedly announcing the release of new music. it's a deluxe version of her "rock star" album. ♪ sweet dreams are made of these who am i to disagree ♪ >> phil: featuring four never before heard songs and bonus tracks including her cover of "sweet dreams." dolly saying, i hope you all have a happy birthday, from me. ♪ hey hey ♪ >> phil: that's dolly. and that's