A New Mexico judge on Friday said she will issue a ruling next week on the dismissal of an indictment against actor Alec Baldwin over the fatal shooting on the set of his Western film “Rust.”
The indictment in January charged Mr. Baldwin with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on Oct. 21, 2021, at a movie ranch on the outskirts of Santa Fe.
Mr. Baldwin, a lead actor and co-producer on the film, has pleaded not guilty to the charge, which carries a maximum sentence of 1.5 years in prison.
His attorneys argued during the virtual hearing on Friday that the grand jury received a one-sided presentation in bad faith from prosecutors who steered jurors away from exculpatory evidence and witnesses.
Mr. Baldwin was not present during the hearing.
During the hearing, his attorneys argued that prosecutors flouted the rules of grand jury proceedings.
In addition, his legal team argued that prosecutors failed to present exculpatory evidence.
Victim of ‘Overzealous Prosecutor’
Mr. Baldwin’s attorneys filed a motion in March 2024 to dismiss the indictment against him in connection with the fatal shooting. His lawyers claimed the 66-year-old actor was the victim of an “overzealous prosecutor” who was looking to secure an indictment in a high-profile case. Mr. Baldwin’s attorney told Judge Mary Marlowe Summer that “The fix was in.”The central question of the hearing was whether the grand jury was fully informed of their right to hear testimony from Mr. Baldwin’s witnesses. Throughout the grand jury proceedings, they spent a day and a half questioning witnesses who were introduced by the prosecutors.
During the virtual hearing, special prosecutor Kari T. Morrissey firmly denied any allegations of bad faith. She asserted that she did not obstruct the jurors from receiving answers to their questions or seeking additional information.
Ms. Morrissey told the judge that the grand jurors had been given written instructions clarifying their right to question other witnesses, including those who might support the defense.
However, since the jurors did not request testimony from the witnesses listed by Mr. Baldwin’s lawyers, key figures such as film director Joel Souza, property master Sarah Zachry, and assistant director David Halls were not called to testify. Instead, the jurors heard from police officers, a crew member present at the church set, and expert witnesses hired by the prosecution.
The shooting occurred during a rehearsal when Mr. Baldwin was pointing a gun at Ms. Hutchins when the revolver went off, killing her and injuring Mr. Souza.
On Friday, Ms. Morrissey stated that last year’s decision to drop the charges against Mr. Baldwin was influenced by evidence presented by Mr. Baldwin’s lead attorney, Luke Nikas, suggesting the gun Mr. Baldwin used had been modified. Subsequent tests revealed the gun was functional, but it broke during FBI testing in 2022 as analysts tried to determine the force required for the hammer to drop.
The judge questioned Ms. Morrissey about her decisions during the grand jury proceedings, including an instance where she interrupted a sheriff’s deputy who was discussing gun safety measures on set. Ms. Morrissey explained that the deputy was not an expert on film set protocols and that she wanted the jurors to receive accurate information from a veteran film crew member who was an expert witness.
Mr. Baldwin’s attorneys also criticized Ms. Morrissey for disclosing the grand jury meeting date during a media interview. Ms. Morrissey admitted she had provided the initial date to a reporter, but the matter was postponed, and the grand jury did not convene until two months later, in mid-January.
The hearing follows an involuntary manslaughter conviction against Hannah Gutierrez-reed, the armorer on the “Rust” set. Ms. Gutierrez-Reed is appealing that conviction, which concluded with a sentence of 18 months in a New Mexico prison.
Mr. Baldwin’s trial is scheduled to begin on July 9 and is expected to last eight days.
