A New Mexico judge is weighing whether to dismiss involuntary manslaughter charges against Alec Baldwin for his alleged role in the 2021 shooting death of the director of photography for the film “Rust.”
Baldwin's attorneys argued during a court hearing Friday that special prosecutor Kari T. Morrissey had abused her power by allegedly withholding “important evidence,” including witnesses favorable to Baldwin, during a grand jury proceeding in January.
Lawyers for the 66-year-old actor said he was the victim of an “overzealous prosecutor” who directed grand jury proceedings in an effort to win an indictment in the high-profile case. The issue is whether the grand jury had been fully informed that they could hear Baldwin's witnesses during the trial. Grand jurors spent a day and a half questioning witnesses presented by prosecutors.
“The solution was done,” Baldwin's attorney, Alex Spiro, told the judge on Friday.
The grand jury indicted Baldwin for involuntary manslaughter in the shooting death of Halyna Hutchins, the 42-year-old cinematographer, who was rehearsing a scene with Baldwin on October 21, 2021. Baldwin pleaded not guilty.
At the conclusion of Friday's hearing, New Mexico First Judicial District Judge Mary Marlowe Sommer said she would issue her ruling next week. If she dismisses the case, it would be the second time felony charges against Baldwin have been dropped.
Marlowe Sommer's decision is expected less than two months before Baldwin goes to trial in a Santa Fe court.
During the hearing, which took place virtually, Morrissey denied having acted in bad faith. He said it did not prevent jurors from getting answers to their questions or seeking additional information. He told the judge that grand jurors had received written instructions outlining his ability to cross-examine other witnesses, including those favorable to the defense.
But because jurors did not ask to hear from witnesses who were on a list provided by Baldwin's lawyers, several key figures in the tragedy, including film director Joel Souza, property manager Sarah Zachry and assistant director direction David Halls, were not called to appear. testify. Instead, jurors heard from police officers, a team member who was at the church and expert witnesses hired by prosecutors.
On the day of the shooting, Hutchins, Baldwin, Souza and about a dozen other team members were gathered in an old wooden church in Bonanza Creek Ranch, south of Santa Fe, preparing for a scene. Hutchins, according to the actor, told him to take his .45 Colt revolver out of his holster and point it at the camera for an extreme close-up. That's when he fired the gun.
Hutchins died from his injuries. Souza was injured and recovered.
Last month, Marlowe Sommer sentenced the film's gunsmith, Hannah Gutierrez, to 18 months in a New Mexico women's prison for her role in the shooting. Morrissey argued that Gutierrez was criminally negligent for allegedly bringing live ammunition to the film's production and unknowingly loading one of the lead bullets into Baldwin's gun. Gutiérrez denies bringing the ammunition to the set.
Baldwin's prosecution has long been tense.
Morrissey and his law partner Jason J. Lewis joined the case last year after the first team of prosecutors was forced to resign due to errors, including attempting to charge Baldwin with a sentence enhancement that was not in force at the time of the tragedy. .
“The government seemed a little green-headed and unprofessional when they charged him with a crime that wasn't a crime at the time,” said Los Angeles litigator Tre Lovell, who is not involved in the “Rust” shooting matter. “That was embarrassing.”
The original prosecutors also displayed grandstanding in media interviews, making statements about the need to hold Baldwin accountable for his actions. Defense attorneys have argued that such comments were out of line and harmful to the actor.
Shortly after Morrissey and Lewis joined the case, they dropped charges against Baldwin. At the time, they said they needed more time to review the evidence and address the issues raised by Baldwin's team. Morrissey and Lewis reserved the right to refile the charges.
Immediately after the charges were dropped, Baldwin traveled to Montana to finish filming “Rust.”
On Friday, Morrissey said last year's decision to drop the charges was made at the request of Baldwin's lead attorney, Luke Nikas, who had presented evidence that the gun Baldwin was using had been modified. Subsequent tests showed the gun was functional that day, but during FBI testing in 2022, forensic analysts broke the gun and wanted to see how much pressure needed to be applied for the hammer to fall.
The damaged gun is one of several complications facing prosecutors. Legal experts have said obtaining a conviction in Baldwin's case is expected to be more difficult than in the trial of Gutierrez, whose job was to make sure the guns were safe.
Baldwin was given the prop gun that day and told it was “cold,” meaning there was no ammunition inside. In reality, the revolver's chamber contained six bullets: five so-called dummies and the lead bullet that killed Hutchins.
“The state has not even alleged that Baldwin had a subjective awareness of a substantial risk that the firearm contained live ammunition,” Nikas argued in the motion to dismiss the charges. “Without subjective awareness, he could not have committed the crime of involuntary manslaughter, which requires the defendant to knowingly ignore a substantial and unjustifiable risk that his actions could cause the death of another person.”
Baldwin has argued, with support from Hollywood artists union SAG-AFTRA, that it was not his job to be the weapons safety officer on set.
The actor has said that he trusted other professionals to do their jobs and ensure a safe production.
Prosecutors have an obligation to present evidence in a “fair and impartial manner,” Baldwin's lawyers said.
The judge questioned Morrissey about his thinking at the time, including one instance in which he interrupted a sheriff's deputy and prevented him from answering a question about gun safety measures on set. Morrissey said the deputy was not an expert in film-making protocols and that instead he wanted jurors to get “the most accurate information,” which would come from a veteran member of the film crew who was an expert witness.
Baldwin's attorneys also sharply criticized Morrissey for disclosing during a media interview the date the grand jury was expected to convene. Morrissey said he took responsibility for providing a reporter with the initial date, which was scheduled for mid-November. However, the matter was postponed and the case was not presented to the grand jury until two months later, in mid-January.
Lovell, the Los Angeles litigator, said he believes the case will go to trial and that efforts to dismiss the indictment will be unsuccessful.
“Courts are really reluctant to dismiss grand jury cases,” Lovell said. “Courts have a limited ability to review what comes to a grand jury unless it was provided in bad faith.”
