A New Mexico judge has rejected a request by Alec Baldwin to dismiss the sole criminal charge against him in a fatal shooting on the set of “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 death of cinematographer Halyna Hutchins in 2021. The judge rejected defense arguments that prosecutors flouted the rules of grand jury proceedings to divert attention away from exculpatory evidence and witnesses.Special prosecutors have denied the accusations and said Baldwin made “shameless” attempts to escape culpability, highlighting contradictions in his statements to law enforcement, to workplace safety regulators and in a televised interview.Fridayâs decision removes one of the last hurdles for prosecutors to put Baldwin on trial in July.The indictment in January charged Baldwin with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on Oct. 21, 2021, at a movie ranch on the outskirts of Santa Fe.Baldwin, a lead actor and co-producer on the Western, has pleaded not guilty to the charge, which carries a maximum sentence of 1.5 years in prison. His attorneys argued during the virtual hearing on Friday that the grand jury received a one-sided presentation in bad faith from prosecutors who steered jurors away from exculpatory evidence and witnesses.During rehearsal, Baldwin was pointing a gun at cinematographer Halyna Hutchins when the revolver went off, killing Hutchins and injuring Joel Souza, the director. Baldwin has maintained that he pulled back the gunâs hammer, but not the trigger.Baldwinâs motion to dismiss the indictment argued that the grand jury received inaccurate and limited testimony about the revolver and safety protocols on movie sets.Over more than two hours of arguments Friday, defense attorneys for Baldwin accused the special prosecutor of neglecting her responsibilities to ensure impartiality and access to the defense’s witnesses and evidence.âThe fix was in,â said defense attorney Alex Spiro. âThere were no (defense) witnesses there to testify. There was no evidence binder of the defense exhibits.ââThey never intended for the grand jury to ask for witnesses,â he continued. âThey never wanted the grand jury to ask for exhibits.âSpecial prosecutors say they followed grand jury protocols and accuse Baldwin of âshamelessâ attempts to escape culpability, highlighting contradictions in his statements to law enforcement, to workplace safety regulators and in a televised interview. A jury trial is scheduled for July.Lead prosecutor Kari Morrissey on Friday defended her oversight of the grand jury, noting that she read to jurors a court-approved letter outlining procedures for accessing exculpatory evidence and witnesses and physically pointed at the defense’s boxes of evidence.âThe grand jury never asked to hear from witnesses. There is nothing I can do about that,â Morrissey said. âWe followed all of the judge’s orders.âDefense attorneys also highlighted that jurors were interrupted when they raised questions about safety procedures on film sets. Baldwin’s attorneys said jurors were guided away from listening to testimony from a sheriff’s detective and instead toward an expert witness paid by the prosecution to discuss film set safety.Judge Mary Marlowe Sommer seized on that point in a series of questions for Morrissey, asking why the detective wasn’t allowed to answer. Morrissey said the detective was well acquainted with the wrong ways to handle gun safety on a movie set from investigating the âRustâ set, but not well versed on proper industry protocols.âI did not prevent the grand jury from getting answers,â Morrissey said. âI made sure the grand jury got the answers to their questions from the witness with the most experience.âBaldwin did not appear at the hearing. Prosecutors have turned their full attention to Baldwin after a judge in April sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum of 1.5 years at a state penitentiary on an involuntary manslaughter conviction for Hutchinsâ death.Prosecutors last year dismissed an earlier involuntary manslaughter charge against Baldwin after being told the gun he was holding might have been modified before the shooting and malfunctioned. A new analysis of the gun last year enabled prosecutors to reboot the case.The indictment against Baldwin offers two possible standards for prosecutors to pursue. One would be based on the negligent use of a firearm. An alternative is to prove beyond a reasonable doubt that Baldwin caused Hutchinsâ death without âdue cautionâ or âcircumspection,â also defined as âan act committed with total disregard or indifference for the safety of others.âDefense attorneys also say prosecutors steered the grand jury away from testimony by witnesses including the film’s director, as well as assistant director and safety coordinator Dave Halls and props master Sarah Zachry. Halls last year pleaded no contest to negligent handling of a firearm and completed a sentence of six months of unsupervised probation.The two-week trial of Gutierrez-Reed gave attorneys for Baldwin and the public an unusual window into how the actor’s own trial could unfold.Baldwin figured prominently in testimony and closing arguments that highlighted his authority as a co-producer and the lead actor on âRust.â Both the prosecution and defense in Gutierrez-Reedâs trial dissected video footage of Baldwin before the fatal shooting for clues about breakdowns in firearms safety.Prosecutors said Gutierrez-Reed unwittingly brought live ammunition onto the set of âRust,â where it was expressly prohibited and failed to follow basic gun safety protocols.Gutierrez-Reed is appealing the conviction, decided by a jury in March, to a higher court but hasnât yet filed detailed arguments. At sentencing, Gutierrez-Reed told the judge she tried to do her best on the set despite not having âproper time, resources and staffing.âAfter the shooting in New Mexico, the filming of âRustâ resumed in Montana, under an agreement with Hutchinsâ husband, Matthew Hutchins, which made him an executive producer. Matthew Hutchins and the Hutchins’ son settled a wrongful death lawsuit in civil court under undisclosed terms.Defense attorneys said Baldwin was offered a deal last year to plead to a âminor offenseâ before a grand jury was convened, but the offer was “inexplicably retracted” before the deadline to respond.The Associated Press contributed to this report.
SANTA FE, N.M. â
A New Mexico judge has rejected a request by Alec Baldwin to dismiss the sole criminal charge against him in a fatal shooting on the set of “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 death of cinematographer Halyna Hutchins in 2021. The judge rejected defense arguments that prosecutors flouted the rules of grand jury proceedings to divert attention away from exculpatory evidence and witnesses.
Special prosecutors have denied the accusations and said Baldwin made “shameless” attempts to escape culpability, highlighting contradictions in his statements to law enforcement, to workplace safety regulators and in a televised interview.
Fridayâs decision removes one of the last hurdles for prosecutors to put Baldwin on trial in July.
The indictment in January charged Baldwin with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on Oct. 21, 2021, at a movie ranch on the outskirts of Santa Fe.
Baldwin, a lead actor and co-producer on the Western, has pleaded not guilty to the charge, which carries a maximum sentence of 1.5 years in prison. His attorneys argued during the virtual hearing on Friday that the grand jury received a one-sided presentation in bad faith from prosecutors who steered jurors away from exculpatory evidence and witnesses.
During rehearsal, Baldwin was pointing a gun at cinematographer Halyna Hutchins when the revolver went off, killing Hutchins and injuring Joel Souza, the director. Baldwin has maintained that he pulled back the gunâs hammer, but not the trigger.
Baldwinâs motion to dismiss the indictment argued that the grand jury received inaccurate and limited testimony about the revolver and safety protocols on movie sets.
Over more than two hours of arguments Friday, defense attorneys for Baldwin accused the special prosecutor of neglecting her responsibilities to ensure impartiality and access to the defense’s witnesses and evidence.
âThe fix was in,â said defense attorney Alex Spiro. âThere were no (defense) witnesses there to testify. There was no evidence binder of the defense exhibits.â
âThey never intended for the grand jury to ask for witnesses,â he continued. âThey never wanted the grand jury to ask for exhibits.â
Special prosecutors say they followed grand jury protocols and accuse Baldwin of âshamelessâ attempts to escape culpability, highlighting contradictions in his statements to law enforcement, to workplace safety regulators and in a televised interview. A jury trial is scheduled for July.
Lead prosecutor Kari Morrissey on Friday defended her oversight of the grand jury, noting that she read to jurors a court-approved letter outlining procedures for accessing exculpatory evidence and witnesses and physically pointed at the defense’s boxes of evidence.
âThe grand jury never asked to hear from witnesses. There is nothing I can do about that,â Morrissey said. âWe followed all of the judge’s orders.â
Defense attorneys also highlighted that jurors were interrupted when they raised questions about safety procedures on film sets. Baldwin’s attorneys said jurors were guided away from listening to testimony from a sheriff’s detective and instead toward an expert witness paid by the prosecution to discuss film set safety.
Judge Mary Marlowe Sommer seized on that point in a series of questions for Morrissey, asking why the detective wasn’t allowed to answer. Morrissey said the detective was well acquainted with the wrong ways to handle gun safety on a movie set from investigating the âRustâ set, but not well versed on proper industry protocols.
âI did not prevent the grand jury from getting answers,â Morrissey said. âI made sure the grand jury got the answers to their questions from the witness with the most experience.â
Baldwin did not appear at the hearing. Prosecutors have turned their full attention to Baldwin after a judge in April sentenced movie weapons supervisor Hannah Gutierrez-Reed to the maximum of 1.5 years at a state penitentiary on an involuntary manslaughter conviction for Hutchinsâ death.
Prosecutors last year dismissed an earlier involuntary manslaughter charge against Baldwin after being told the gun he was holding might have been modified before the shooting and malfunctioned. A new analysis of the gun last year enabled prosecutors to reboot the case.
The indictment against Baldwin offers two possible standards for prosecutors to pursue. One would be based on the negligent use of a firearm. An alternative is to prove beyond a reasonable doubt that Baldwin caused Hutchinsâ death without âdue cautionâ or âcircumspection,â also defined as âan act committed with total disregard or indifference for the safety of others.â
Defense attorneys also say prosecutors steered the grand jury away from testimony by witnesses including the film’s director, as well as assistant director and safety coordinator Dave Halls and props master Sarah Zachry. Halls last year pleaded no contest to negligent handling of a firearm and completed a sentence of six months of unsupervised probation.
The two-week trial of Gutierrez-Reed gave attorneys for Baldwin and the public an unusual window into how the actor’s own trial could unfold.
Baldwin figured prominently in testimony and closing arguments that highlighted his authority as a co-producer and the lead actor on âRust.â Both the prosecution and defense in Gutierrez-Reedâs trial dissected video footage of Baldwin before the fatal shooting for clues about breakdowns in firearms safety.
Prosecutors said Gutierrez-Reed unwittingly brought live ammunition onto the set of âRust,â where it was expressly prohibited and failed to follow basic gun safety protocols.
Gutierrez-Reed is appealing the conviction, decided by a jury in March, to a higher court but hasnât yet filed detailed arguments. At sentencing, Gutierrez-Reed told the judge she tried to do her best on the set despite not having âproper time, resources and staffing.â
After the shooting in New Mexico, the filming of âRustâ resumed in Montana, under an agreement with Hutchinsâ husband, Matthew Hutchins, which made him an executive producer. Matthew Hutchins and the Hutchins’ son settled a wrongful death lawsuit in civil court under undisclosed terms.
Defense attorneys said Baldwin was offered a deal last year to plead to a âminor offenseâ before a grand jury was convened, but the offer was “inexplicably retracted” before the deadline to respond.
The Associated Press contributed to this report.