A New Mexico judge is setting the table for the involuntary manslaughter trial of actor Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western film.
Judge Mary Marlowe Sommer will consider a series of requests from prosecutors and defense attorneys that could restrict what evidence, testimony and court arguments will be heard by a jury. Monday’s pretrial hearing in Santa Fe is expected to last most of the day. Baldwin’s lawyers waived his appearance at all pretrial hearings.
The Baldwin Trial begins on July 9th with jury selection and is expected to last 10 days.
Last week, the judge cleared the way for firearms experts crucial to the prosecution to testify about Baldwin’s handling of the revolver and whether the gun was working properly before the fatal shooting.
Defense attorneys asked the judge to exclude consideration of Baldwin’s secondary role as co-producer of “Rust,” arguing that it is irrelevant to allegations of negligence and could confuse jurors. Prosecutors disagree and say it was likely Baldwin’s towering role as a producer that encouraged him to act recklessly and disregard the safety of others, allegedly disregarding gun safety protocols.
The defense team and prosecutors disagree over Baldwin’s contractual authority as producer over crew members who handled weapons and security.
Prosecutors argue that a state workplace safety investigation, which found serious violations on set, was incomplete, unreliable and should be barred from prosecution.
Baldwin is charged with a single count of manslaughter, punishable by up to 18 months in prison if convicted.
Hannah Gutierrez-Reed, the armorer on the set, was convicted of involuntary manslaughter in the death of cinematographer Halyna Hutchins and sentenced to 18 months in prison. She is appealing her conviction.
In October 2021, Baldwin was rehearsing a cross maneuver with the revolver when the gun went off, killing Hutchins and injuring director Joel Souza.
Baldwin has pleaded not guilty and claims the gun went off accidentally after he followed instructions to point it at Hutchins, who was behind the camera. Unaware that the gun contained a live bullet, Baldwin said he pulled the hammer – not the trigger – and it went off.
Baldwin’s lawyers also want to prevent discussion in the trial of actor Brandon Lee’s death from a fatal gunshot to the abdomen while filming a scene in “The Crow” in 1993. In this case, an improvised procedure bullet was mistakenly left in a gun from an earlier scene and struck Lee while filming a scene that required the use of empty cartridges.
Prosecutors agreed not to provide illicit testimony about “The Crow,” but they also say Baldwin knew about the safety risks posed by guns — even when there are no live rounds. Baldwin’s lawyers argue that it was inconceivable for live rounds to end on set.
Prosecutors want to exclude a letter signed by crew members that disputes characterizations of the “Rust” scene as chaotic or dangerous before the fatal shooting.
Prosecutors also want to exclude from the trial the conclusions of the safety investigation into the fatal shooting, which places much of the blame on assistant director Dave Halls. Halls pleaded no contest to negligent use of a firearm and may be called to testify at Baldwin’s trial.
Rust Movie Productions paid a $100,000 fine to resolve violations of state safety regulations that were characterized as “serious” but unintentional under a 2023 settlement agreement. Prosecutors say the investigation’s findings are easily contradicted for more reliable information.
Baldwin’s attorneys say the report cannot be dismissed as evidence and that state occupational safety officer Lorenzo Montoya should be allowed to testify at trial.
Another pretrial motion can defuse conflicts between the prosecution and defense teams. Prosecutors want the judge to avoid accusations of “prosecutorial misconduct” and “personal attacks.”
Prosecutors also want the judge to exclude evidence and arguments designed to garner sympathy for Baldwin, including indications of remorse or the impact of the events on his family, arguing that they have no bearing on determining guilt.
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