(Santa Fe) A New Mexico judge is expected to consider in a hearing Friday whether to compel a set armorer to testify in the involuntary manslaughter trial of actor Alec Baldwin for the fatal shooting nearly three years ago of a cinematographer during rehearsals for the Western film Rust.
Prosecutors are seeking a court order for Hannah Gutierrez-Reed to testify with immunity from related charges. Gutierrez-Reed was convicted in March of manslaughter for her role in the death of Halyna Hutchins on the set of a ranch movie.
Baldwin played a significant role in the previous trial, which highlighted gun safety protocols and his authority as Rust’s co-producer and lead actor.
“The jury should hear all information Ms. Gutierrez has regarding Mr. Baldwin, both exculpatory and inculpatory,” special prosecutors Mari Morrissey and Erlinda Johnson said in court filings. “Attorneys for both parties should be allowed to fully cross-examine Ms. Gutierrez. »
Both Baldwin and Gutierrez-Reed oppose efforts to compel her to testify.
During a pretrial interview in May, Gutierrez-Reed exercised his Fifth Amendment right against self-incrimination and refused to answer questions. Her lawyers say compelling her to testify, even with immunity, would “virtually eliminate” the possibility of a fair appeal and possible retrial. She is also fighting another charge of carrying a gun into a Santa Fe bar weeks before the fatal shooting.
At Friday’s hearing, Judge Mary Marlowe Sommer is also expected to consider two defense motions to dismiss the trial, arguing that Baldwin had no reason to believe the gun could hold live ammunition and that it was badly damaged during forensic testing by the FBI before it could be examined for possible exonerating modifications.
“The government took the most crucial piece of evidence in this case – the firearm – and destroyed it by repeatedly and needlessly striking it with a mallet,” defense attorneys said in court filings. “Government agents knew the firearm would not survive.”
During the fatal rehearsal on October 21, 2021, Baldwin was pointing his gun at Ms. Hutchins when she fired, killing her and wounding director Joel Souza, who survived. Baldwin said he removed the hammer from the gun, but did not pull the trigger.
Prosecutors plan to present evidence at trial that they say shows the gun “could not have fired without pulling the trigger” and was functioning properly before it was fired.
At Gutierrez-Reed’s trial, an FBI expert testified that the gun was fully functional and had safety features when it arrived at an FBI lab. The expert testified that he had to hit the fully cocked gun with a mallet and break it so that the gun would fire without pulling the trigger.
Baldwin has pleaded not guilty to the manslaughter charge, which carries a maximum sentence of 18 months in prison.
Judge Marlowe Sommer previously denied another motion to dismiss from Baldwin, finding that the grand jury was able to make an independent judgment on the indictment.
Special prosecutors last year dismissed a manslaughter charge against Baldwin, saying they were informed the gun may have been modified before the shooting and malfunctioned. But they changed course after receiving a new analysis of the weapon and managed to obtain a grand jury indictment.
