SANTA FE, NM — A New Mexico judge rejected Alec Baldwin’s request to dismiss the only criminal charge against him in a fatal shooting on the set of the movie “Rust,” keeping the case on track for a trial this summer.
Judge Mary Marlowe Sommer on Friday upheld an indictment charging Baldwin with one count of involuntary manslaughter in the 2021 death of cinematographer Halyna Hutchins. The judge rejected defense arguments that prosecutors disregarded the rules of the grand jury’s trial. jury to divert attention from exculpatory evidence and witnesses. .
Special prosecutors have denied allegations that the grand jury process was undermined and say Baldwin made “shameful” attempts to escape blame, highlighting contradictions in his statements to authorities, workplace safety regulators and in a television interview.
Friday’s ruling clears one of the last hurdles for prosecutors to bring Baldwin to trial in July.
“We look forward to our day in court,” defense attorneys Luke Nikas and Alex Spiro said in an email.
During a rehearsal on the set of the Western film, Baldwin pointed a gun at Hutchins when the revolver went off, killing her and injuring director Joel Souza. Baldwin stated that he pulled the hammer on the gun, but not the trigger.
Baldwin has pleaded not guilty to the charge of involuntary manslaughter, which carries a maximum penalty of 1.5 years in prison.
Marlowe Sommer rejected arguments that prosecutors acted in “bad faith” after reviewing transcripts of January’s grand jury proceedings, noting that prosecutors are not required to present exculpatory evidence.
“New Mexico law does not require a prosecutor to present exculpatory evidence to a grand jury, nor does it require a grand jury to even consider exculpatory evidence after being alerted to its existence,” the judge wrote.
She acknowledged that some questions from grand jurors were deferred to an expert hired by the prosecution, but said that did not prevent the jury from making an independent decision on Baldwin’s indictment.
Court arguments last week on the motion to dismiss went on for more than two hours, as Baldwin’s defense attorneys accused prosecutors of cutting off questions from grand jurors and making little or no effort to communicate with witnesses. defense, if called. Detailed records of grand jury proceedings are not open to the public.
Special prosecutor Kari Morrissey said she ensured that jurors had questions answered by witnesses with relevant experience and that it was demonstrated to the grand jury that they had access to boxes of evidence provided by the defense. Baldwin did not attend the hearing.
Prosecutors last year dismissed a previous involuntary manslaughter charge against Baldwin after being told that the gun he was holding may have been modified before the shooting and malfunctioned. A new analysis of the gun last year allowed prosecutors to restart the case.
Prosecutors turned their full attention to Baldwin after a judge in April sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum 1.5 years in a state penitentiary for manslaughter in Hutchins’ death.
Gutierrez-Reed’s two-week trial gave Baldwin’s lawyers and the public an unusual window into how the actor’s trial could unfold.
Baldwin was prominent in depositions and closing arguments that highlighted his authority as co-producer and lead actor on “Rust.” Both the prosecution and defense in Gutierrez-Reed’s trial dissected video footage of Baldwin before the fatal shooting for clues about firearm safety lapses.
Prosecutors said Gutierrez-Reed unwittingly brought live ammunition onto the set of “Rust,” where it was expressly prohibited, and failed to follow basic gun safety protocols. Gutierrez-Reed is appealing his conviction but has not yet entered detailed arguments.
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