Alec Baldwin’s lawyers made another attempt to have his involuntary manslaughter case dismissed, but it was rejected by Judge Mary Marlowe Sommer during a virtual hearing. Baldwin is scheduled to go to trial on July 9 for the accidental shooting of cinematographer Halyna Hutchins on the set of the film “Rust” in New Mexico in 2021.
The defense team argued that the FBI testing damaged the firearm to the point where they couldn’t examine it properly. They claimed that the government destroyed critical evidence by striking the gun with a mallet. However, the judge did not grant immunity to movie set armorer Hannah Gutierrez-Reed to testify.
Gutierrez-Reed was convicted of involuntary manslaughter for her role in Hutchins’ death after loading the gun with live ammunition. She invoked her Fifth Amendment right against self-incrimination during a pretrial proceeding in May and is currently serving an 18-month sentence.
During the hearing, an FBI expert testified that the firearm was working properly and that it was unlikely to have discharged without the trigger being depressed. The prosecution also presented clips from the film “Rust” showing Baldwin allegedly firing the gun.
Special prosecutor Erlinda Ocampo Johnson revealed that a witness saw Baldwin pull the trigger before the gun fired, contradicting Baldwin’s claim that he never pulled the trigger. Baldwin, who pleaded not guilty, could face up to 18 months in prison if convicted.
Prosecutors plan to argue at trial that Baldwin displayed reckless behavior on set, ignored safety protocols, and once fired a blank round at an assistant. They describe him as controlling and boorish with the film’s staff.
The hearing is set to continue on Monday as the case progresses towards trial. The defense still has a motion pending before the judge to dismiss the case based on the damage to the firearm during testing. The legal battle surrounding the tragic incident on the set of “Rust” continues to unfold with new developments and revelations.