Judge to make decision this week on Alec Baldwin’s indictment in fatal 2021 shooting

Morgan Lee, Associated Press

SANTA FE, New Mexico (AP) — A New Mexico judge plans to norm this week connected a expansive assemblage indictment against Alec Baldwin successful nan fatal shooting connected nan group of “Rust,” aft proceeding arguments Friday that nan proceedings were unfair to nan defendant.

The indictment successful January charged Baldwin pinch involuntary manslaughter successful nan fatal shooting of cinematographer Halyna Hutchins connected Oct. 21, 2021, astatine a movie ranch connected nan outskirts of Santa Fe.

Baldwin, a lead character and co-producer connected nan Western, has pleaded not blameworthy to nan charge, which carries a maximum condemnation of 1.5 years successful prison. His attorneys based on during nan virtual proceeding connected Friday that nan expansive assemblage received a one-sided position successful bad religion from prosecutors who steered jurors distant from exculpatory grounds and witnesses.

During rehearsal, Baldwin was pointing a weapon astatine cinematographer Halyna Hutchins erstwhile nan revolver went off, sidesplitting Hutchins and injuring Joel Souza, nan director. Baldwin has maintained that he pulled backmost nan gun’s hammer, but not nan trigger.

Baldwin’s mobility to disregard nan indictment based on that nan expansive assemblage received inaccurate and constricted grounds astir nan revolver and information protocols connected movie sets.

Over much than 2 hours of arguments Friday, defense attorneys for Baldwin accused nan typical charismatic of neglecting her responsibilities to guarantee impartiality and entree to nan defense’s witnesses and evidence.

“The hole was in,” said defense lawyer Alex Spiro. “There were nary (defense) witnesses location to testify. There was nary grounds binder of nan defense exhibits.”

“They ne'er intended for nan expansive assemblage to inquire for witnesses,” he continued. “They ne'er wanted nan expansive assemblage to inquire for exhibits.”

Special prosecutors opportunity they followed expansive assemblage protocols and impeach Baldwin of “shameless” attempts to flight culpability, highlighting contradictions successful his statements to rule enforcement, to workplace information regulators and successful a televised interview. A assemblage proceedings is scheduled for July.

Lead charismatic Kari Morrissey connected Friday defended her oversight of nan expansive jury, noting that she publication to jurors a court-approved missive that outlines procedures for accessing exculpatory grounds and witnesses — and that she physically pointed astatine nan defense’s boxes of evidence.

“The expansive assemblage ne'er asked to perceive from witnesses. There is thing I tin do astir that,” Morrissey said. “We followed each of nan judge’s orders.”

Defense attorneys besides highlighted that jurors were interrupted erstwhile they brought up questions astir information procedures connected movie sets. Baldwin’s attorneys said jurors were guided distant from listening to grounds from a sheriff’s detective and alternatively toward an master witnesser paid by nan prosecution to talk astir movie group safety.

Judge Mary Marlowe Sommer seized connected that constituent successful a bid of questions for Morrissey, asking why nan detective wasn’t allowed to answer. Morrissey said nan detective was good acquainted pinch nan incorrect ways to grip weapon information connected a movie group from investigating nan “Rust” set, but not good versed connected due manufacture protocols.

“I did not forestall nan expansive assemblage from getting answers,” Morrissey said. “I made judge nan expansive assemblage sewage nan answers to their questions from nan witnesser pinch nan astir experience.”

Baldwin did not look astatine nan hearing. Prosecutors person turned their afloat attraction to Baldwin aft a judge successful April sentenced movie weapons supervisor Hannah Gutierrez-Reed to nan maximum of 1.5 years astatine a authorities penitentiary connected an involuntary manslaughter condemnation for Hutchins’ death.

Prosecutors past twelvemonth dismissed an earlier involuntary manslaughter complaint against Baldwin aft being told nan weapon he was holding mightiness person been modified earlier nan shooting and malfunctioned. A caller study of nan weapon past twelvemonth enabled prosecutors to reboot nan case.

The indictment against Baldwin offers 2 imaginable standards for prosecutors to pursue. One would beryllium based connected nan negligent usage of a firearm. An replacement is to beryllium beyond a reasonable uncertainty that Baldwin caused Hutchins’ decease without “due caution” aliases “circumspection,” besides defined arsenic “an enactment committed pinch full disregard aliases indifference for nan information of others.”

Defense attorneys besides accused prosecutors of making small to nary effort to guarantee nan assemblage could entree respective witnesses, including nan film’s director, arsenic good arsenic adjunct head and information coordinator Dave Halls and props maestro Sarah Zachry. Halls past twelvemonth pleaded nary title to negligent handling of a firearm and completed a condemnation of six months of unsupervised probation.

The judge asked Morrissey of Friday astir her efforts to pass pinch defense witnesses successful lawsuit they were called upon by nan expansive jury. Morrissey said she contacted respective but not each witnesses — but received assurances from a applicable judge that nan expansive jury’s clip could beryllium extended if a witnesser was not instantly available.

The two-week proceedings of Gutierrez-Reed gave attorneys for Baldwin and nan nationalist a different model into really nan actor’s ain proceedings could unfold.

Baldwin figured prominently successful grounds and closing arguments that highlighted his authority arsenic a co-producer and nan lead character connected “Rust.” Both nan prosecution and defense successful Gutierrez-Reed’s proceedings dissected video footage of Baldwin earlier nan fatal shooting for clues astir breakdowns successful firearms safety.

Prosecutors said Gutierrez-Reed unwittingly brought unrecorded ammunition onto nan group of “Rust,” wherever it was expressly prohibited, and grounded to travel basal weapon information protocols.

Gutierrez-Reed is appealing nan conviction, decided by a assemblage successful March, to a higher tribunal but hasn’t yet revenge elaborate arguments. At sentencing, Gutierrez-Reed told nan judge she tried to do her champion connected nan group contempt not having “proper time, resources and staffing.”

After nan shooting successful New Mexico, nan filming of “Rust” resumed but successful Montana, nether an statement pinch Hutchins’ husband, Matthew Hutchins, which made him an executive producer. A wrongful decease suit successful civilian tribunal by Matthew Hutchins and nan Hutchins’ boy was settled nether undisclosed terms.

Defense attorneys opportunity Baldwin past twelvemonth was offered a woody to plead to a “minor offense” earlier a expansive assemblage was convened, but nan connection that was “inexplicably retracted” earlier nan deadline to respond.