Alec Baldwin's legal team seeks dismissal of 'Rust' manslaughter charges
As the court date for Hollywood actor Alec Baldwin's involuntary manslaughter charges approaches, the actor-producer is making another attempt to have them dismissed. The charges emanate from a tragic incident on the New Mexico set of the film Rust in 2021, where cinematographer Halyna Hutchins was fatally shot. This week, Baldwin's legal team submitted two motions in Santa Fe County courts seeking dismissal of the indictment.
The tragedy that unfolded on the sets of 'Rust'
In October 2021, Baldwin misfired a prop gun on the sets of Rust in New Mexico, which killed Hutchins (42) and left director Joel Souza wounded. Hutchins was immediately transported to a hospital by helicopter but she eventually succumbed to her wounds. Baldwin later emphasized that he "didn't pull the trigger" and said, "Someone is responsible for what happened, and it's not me."
Baldwin's defense argued lack of awareness of risk
Baldwin's defense has argued that the actor was "unaware of any risk." They stated, "Because the State does not even allege that Baldwin was aware of any level of risk (let alone a substantial risk) that the gun was loaded with live ammunition, he is innocent as a matter of law." "He had no reason to believe that the firearm contained live ammunition." The defense maintains this stance in their 22-page motion to dismiss the indictment.
Defense claimed State failed to allege facts constituting crime
The defense further asserted in their motion that "The State has not alleged facts that constitute a crime." "The State may assert that Baldwin acted with criminal negligence because he did not inspect the firearm after the designated safety professionals had already done so." The legal documents added, "The government may not knowingly deprive the defense of potentially useful evidence by destroying it."
Defense alleged evidence tampering, prosecutors countered claims
Baldwin's lawyers contend that crucial evidence - the firearm - was ruined by government agents conducting "clumsy tests" without preserving its original state or notifying Baldwin and his legal team. However, prosecutors countered that the gun was not destroyed in FBI testing. They have accused Baldwin and his lawyers of making "misleading statements" and "false" claims in the case.
Baldwin's dismissal request set for virtual hearing
A virtual hearing to evaluate Baldwin's dismissal request will take place on May 17. If convicted, the actor could face penalties similar to those given to Rust armorer Hannah Gutierrez-Reed, who received an 18-month prison sentence and hefty fines after being found guilty of involuntary manslaughter. Since charges were re-filed against him in January, Baldwin's lawyers have made numerous attempts to have his case dismissed.
Baldwin faces multiple civil cases; documentary producer resists subpoena
Baldwin, who was recharged with involuntary manslaughter four months ago and subsequently entered a not guilty plea, is also dealing with approximately six civil cases related to the shooting. Separately, Rory Kennedy, who is producing a case-related documentary, is resisting a subpoena that would compel her to provide interview footage to the prosecutors. Kennedy's lawyers argue that the subpoena amounts to a "fishing expedition" and violates the California Shield Law. The documentary has reportedly been underway for over a year.
Legal jargon: What is a subpoena?
FindLaw says, "A subpoena is a request for the production of documents or a request to appear in a court case or other legal proceeding. It is a court-ordered command that requires you to do something, such as testify or present information that may help support the facts at issue in a pending case." "The term subpoena literally means under penalty. A person who doesn't comply with its terms may be subject to civil or criminal penalties."
