SANTA FE, NM — A New Mexico judge is expected to consider at a hearing Friday whether to force a movie set armorer to testify in the involuntary manslaughter trial of actor Alec Baldwin for the fatal shooting nearly three years ago of a film director. photography during rehearsal for the western film “Rust”.
Prosecutors are seeking a court order that Hannah Gutierrez-Reed testify with immunity against her from related prosecutions. Gutierrez-Reed was convicted in March of involuntary manslaughter for her role in the murder of Halyna Hutchins at a film ranch.
Baldwin played a prominent role in the previous trial, which highlighted gun safety protocols and his authority as co-producer and lead actor on “Rust.”
“The jury should hear all of the information Ms. Gutierrez has about Mr. Baldwin, both defense and prosecution,” special prosecutors Mari Morrissey and Erlinda Johnson said in court documents. “Lawyers on both sides should be allowed to fully cross-examine Ms. Gutierrez.”
Baldwin and Gutierrez-Reed oppose efforts to compel their testimony.
In a pretrial interview in May, Gutierrez-Reed exercised his Fifth Amendment right against self-incrimination and refused to answer questions. Her lawyers say that forcing her to testify, even with immunity, would “virtually eliminate” the possibility of a fair appeal and a possible new trial. She is also fighting a separate firearms charge at a Santa Fe bar weeks before the fatal shooting.
Also during Friday’s hearing, Judge Mary Marlowe Sommer is expected to weigh in on two defense requests for a mistrial, with arguments that Baldwin had no reason to believe the gun could contain live ammunition and that it was heavily damaged during forensic testing. from the FBI before it could be examined. for possible modifications that could exonerate the actor.
“The government took the most critical piece of evidence in this case – the firearm – and destroyed it by repeatedly and uselessly striking it with a hammer,” defense attorneys said in court documents. “Government agents knew the firearm would not survive.”
During the fatal rehearsal on October 21, 2021, Baldwin was pointing the gun in Hutchins when it exploded, killing her and injuring director Joel Souza, who survived. Baldwin says he pulled the hammer from the gun but did not pull the trigger.
Prosecutors plan to present evidence at trial that they say shows the firearm “could not have discharged without pulling the trigger” and was functioning properly before the shooting.
In the Gutierrez-Reed trial, an FBI expert testified the weapon was fully functional with safety features when he arrived at an FBI laboratory. The expert said he had to hit the fully cocked gun with a hammer and break it so the gun would fire without pulling the trigger.
Baldwin has pleaded not guilty to the charge of involuntary manslaughter, which carries a maximum penalty of 18 months in prison.
Marlowe Sommer previously rejected another motion to dismiss Baldwin, ruling that the grand jury was capable of making an independent judgment on the charge.
Last year, special prosecutors dismissed a charge of involuntary manslaughter against Baldwin, saying they were told the gun may have been modified before the shooting and malfunctioned. But they changed it after receiving a new analysis of the weapon and successfully got a grand jury indictment.
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