A court ruling on Friday has set the stage for a trial in early July for actor-producer Alec Baldwin, who is facing involuntary manslaughter charges in the fatal shooting of cinematographer Halyna Hutchins on the set of the Western film “Rust” in 2021. Judge Mary Marlowe Sommer denied a request to dismiss the case, siding with prosecutors who argued that key evidence was not damaged by the FBI during forensic testing.
The ruling removes one of the last hurdles before prosecutors can bring the case to trial, with jury selection scheduled for July 9 in Santa Fe. The trial will see the testimony of more than 60 witnesses, including film director Joel Souza, who was wounded in the shooting, and assistant director Dave Halls, who previously pleaded no contest to negligent use of a deadly weapon. The list also includes first responders, investigators, firearms experts, and close-range witnesses to the shooting.
While Baldwin is not listed as a witness, he has the right to testify at his own trial. The incident occurred during a rehearsal on the set of “Rust” when Baldwin pointed a gun at Hutchins, and it went off, killing her and injuring Souza. Baldwin has maintained his innocence, stating that he pulled back the gun’s hammer but not the trigger.
The FBI conducted an accidental discharge test on the gun, which resulted in the firearm being broken. Prosecutors plan to present evidence at trial that they say proves the gun “could not have fired absent a pull of the trigger” and was functioning properly before the shooting. This evidence was obtained after prosecutors dismissed an earlier charge against Baldwin and refiled it following a new analysis of the revolver.
The “Rust” armorer, Hannah Gutierrez-Reed, is currently serving an 18-month sentence for involuntary manslaughter in Hutchins’ death. Despite her conviction, she is appealing the jury’s verdict and is likely to be called as a witness at Baldwin’s trial. However, she has refused to answer questions during a pretrial interview, invoking her Fifth Amendment rights against self-incrimination. A judge denied a request to compel her testimony by providing immunity.
In her ruling, Judge Marlowe Sommer stated that the destruction of internal components of the firearm “is not highly prejudicial” to a fair trial and that Baldwin’s legal team failed to demonstrate bad faith by investigators. She also noted that other evidence concerning the functionality of the gun on the day of the shooting weighs against the defendant’s assertions.
The gun was initially sent to the FBI for routine testing by local authorities, but when an FBI analyst heard Baldwin’s statement in an ABC TV interview, the agency allowed them to conduct an accidental discharge test, which resulted in the firearm being broken. Defense attorneys argue that this decision may have destroyed exculpatory evidence.
Prosecutors acknowledge that it was “unfortunate” that the gun broke, but they maintain that the parts are still available and that Baldwin’s attorneys still have the ability to defend their client and question the evidence against him. The judge has ordered prosecutors to fully disclose at trial the destructive nature of the FBI forensic testing on the gun, including what was lost in the process and its relevance in reaching a verdict.
During recent online hearings, several hours of testimony were given about the gun and forensic testing, providing a preview of what may be expected at the trial. Baldwin’s attorneys gave thorough cross-examinations of the lead detective, an FBI forensic firearm investigator, and the prosecution’s independent gun expert, Lucien Haag.
The trial will also see the release of the completed movie “Rust,” which resumed filming in Montana under an agreement with Hutchins’ husband, Matthew Hutchins, who is now an executive producer. The movie has not yet been released for public viewing.
In conclusion, the court ruling on Friday has paved the way for a trial in early July for Alec Baldwin, who is facing involuntary manslaughter charges in the fatal shooting of Halyna Hutchins. The judge’s decision to deny the motion to dismiss the case shows that the evidence against Baldwin will be thoroughly examined and that justice will be served. As the trial approaches, the world will be watching to see the outcome of this tragic incident that has left one person dead and another injured.