'Rust' armorer exempted from testifying in Alec Baldwin's manslaughter trial
Alec Baldwin's involuntary manslaughter trial over the fatal shooting of Rust cinematographer Halyna Hutchins will proceed as scheduled, ruled New Mexico Judge Mary Marlowe Sommer. In a virtual hearing on Friday (local time), the judge also decided that Hannah Gutierrez-Reed, the armorer convicted in the tragic incident, is not required to testify. Meanwhile, the defense team's attempt to dismiss the case was also unsuccessful.
Judge rejected prosecution's request for armorer's testimony
Judge Sommer denied the prosecution's request to have Gutierrez-Reed serve as an immune witness in the trial, set to begin on July 9. "It's pretty clear that she does not intend to cooperate," Sommer said, adding, "I haven't heard of anything that she might testify to that someone else could not testify to." Judge also dismissed the idea of a "mini trial within a trial," referring to potential contempt charges against Gutierrez-Reed if she refused to answer questions.
Armorer's reluctance to testify possibly due to self-incrimination
Gutierrez-Reed, sentenced to 18 months in prison after being found guilty of involuntary manslaughter, has shown reluctance to participate in Baldwin's trial. This may be due to her desire to avoid potential self-incrimination. She asserted her Fifth Amendment privilege during a pre-trial interview and is also facing additional gun charges while appealing her Rust conviction. Meanwhile, the judge acknowledged that Gutierrez-Reed could potentially provide new testimony regarding gun safety training and Baldwin's level of participation.
Defense's attempted to dismiss indictment rejected by judge
During the hearing, the defense also argued unsuccessfully for the dismissal of the January 2024 indictment against Baldwin, citing failure to state a criminal offense. Defense lawyer John Bash stated, "Under New Mexico law, the state must establish the defendant's subjective awareness of a substantial risk that his or her actions could cause harm to another person." He claimed that the state couldn't prove Baldwin was aware of a risk that the firearm was loaded with live ammunition.
Judge cited SAG-AFTRA rules, disagreed with defense's perspective
Judge Sommer disagreed with the defense's perspective, stating, "As an actor he is not supposed to be pointing a gun at someone," referring to SAG-AFTRA rules. She added, "He pulled the trigger when he was pointing a gun that he didn't need to point." The judge ruled against dismissing the indictment, stating there were disputed facts before the court that were not capable of dismissal as a matter of law.
Quick look at what happened on the 'Rust' set
To recall, during the fatal rehearsal on October 21, 2021, Baldwin was pointing the gun at cinematographer Hutchins when it discharged, claiming her life and wounding director Joel Souza, who survived. Baldwin maintains that he pulled back the gun's hammer but did not intentionally pull the trigger.
