Judge Rules ‘Rust’ Trial Against Alec Baldwin Will Proceed As Armorer Seeks Prison Release

A judge has decided that the "Rust" trial against Alec Baldwin will start next month as armorer Hannah Gutierrez-Reed seeks her appeal.

Both the "30 Rock" actor and the rookie armorer were charged with involuntary manslaughter in connection with the October 2021 shooting of cinematographer Halyna Hutchins. Gutierrez-Reed was accused of loading the gun with live ammunition. A jury took less than three hours deliberating before returning with a guilty verdict. She was sentenced to the state maximum of 18 months behind bars.

Although "Rust" armorer Hannah Gutierrez-Reed is currently trying to get out of prison while awaiting her appeal, Judge Mary Marlowe Sommer has ruled that the trial against Alec Baldwin will proceed in July 2024 as scheduled.

Although Alec Baldwin’s legal team has been desperately trying to get the case against the actor dropped prior to the July start date, Judge Mary Marlowe Sommer – who also presided over the trial against Hannah Gutierrez-Reed – decided that the case will proceed to trial.

Earlier this month, the judge had already decided to continue the criminal trial against the actor, but his legal team filed a last minute motion in order to try to get the case dropped. Unfortunately for the “Supercell” actor, the judge decided on Friday, June 28, that the case against the actor would continue to trial.

During this defense attempt, Baldwin’s defense team had asked the court to dismiss the case due to their claim that the FBI had destroyed evidence during forensic testing of the firearm. The questionable evidence used by the prosecution has also become a staple of Hannah Gutierrez-Reed’s appeal.

Hannah Gutierrez-Reed has been trying to get out of prison while waiting for her appeal. The former “Rust” armorer recently argued that prosecutors withheld evidence that would have favored the defendant during her involuntary manslaughter trial, as reported by Reuters. According to the filing, state prosecutors had a report from their own weapons experts that the gun had "unexplained toolmarks on critical surfaces of the trigger and sear."

Jason Bowles, her attorney, argued that this is evidence that the gun could have accidentally fired. Baldwin had tried to use this evidence in order to get his trial dismissed, to no avail.

Bowles claimed that this evidence was only made known to him at evidentiary hearings given in Baldwin's case this week, describing it as "bombshell exculpatory evidence" withheld by prosecutors that "would have resulted in a fundamentally different trial and likely a different outcome" for the former “Rust” armorer.

On Monday, Baldwin’s legal team filed a separate motion to dismiss the indictment. In this filing, they argued that prosecutors failed to properly turn over evidence required by court procedure. The state’s lawyers made their own response in a filing on Thursday, denying any wrongdoing. The judge has not indicated whether or not this matter will escalate to a hearing before Baldwin’s trial begins on July 9.

However, Judge Mary Marlowe Sommer did deny any earlier motion seeking to throw out the case earlier this week. Baldwin’s lawyers had argued that the actor could not be held criminally liable for the incident because the shooting of Halyna Hutchins was an accident. However, the judge decided that the jury would ultimately be the one to decide if he should be found guilty based on those grounds.

If convicted, Alec Baldwin could face up to 18 months behind bars. Although the actor has frequently tried to get his case dropped ahead of the trial, lead prosecutor Kari Morrissey has argued that the actor was experienced with firearms due to his long career in the entertainment industry.

“Mr. Baldwin knew he had a real gun in his hand. Mr. Baldwin specifically asked for the biggest gun that was available. Mr. Baldwin knew and understood that dummy rounds look identical to live ammunition,” Morrissey said, as per CNN.

It is unclear how this trial might affect his planned reality show on TLC, which involves his wife, Hilaria Baldwin, and the seven children they share together. Baldwin also shares a daughter, Ireland Baldwin, with his ex-wife, "Batman" actress Kim Basinger.