Alec Baldwin Sued Over ‘Rust’ Shooting: He Should Have Checked The Gun!

Alec Baldwin Scores Major 'Rust' Trial Win Before Jury Selection Begins

Home / News / Alec Baldwin Scores Major 'Rust' Trial Win Before Jury Selection Begins

By Kristin Myers on July 9, 2024 at 10:45 AM EDT

Actor Alec Baldwin scored a major win in his "Rust" trial on Monday, even though jury selection does not begin until Tuesday, July 9.

Judge Mary Marlowe Sommer decided that the "30 Rock" actor's role as co-producer on the Western film cannot be entered into evidence, which hampers the prosecution's case against Baldwin, who has been charged with involuntary manslaughter in connection with the death of "Rust" cinematographer Halyna Hutchins.

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Alec Baldwin's Producer Role Will Not Be Considered During 'Rust' Trial

Police in the US have released video footage from the set of the film Rust, including of the aftermath of the fatal shooting of a cinematographer by actor Alec Baldwin. Halyna Hutchins, 42, was shot by Mr Baldwin while he rehearsed with what he believed to be a safe gun. Footage, which has no audio, released shows Baldwin dressed as a cowboy rehearsing with a gun ahead of the deadly shooting. He can be seen in stills from that video posing with the gun, and with ammo / ammunition on his costume in a scene set in a church. A clapper board with Ms Hutchins' name on it can also be seen. It's not known if the gun he is holding is the one that fired the deadly bullets. The actor, who was also a producer on the film, previously said he did not pull the trigger and had no idea how a live bullet came to be on the set near Santa Fe in the US state of New Mexico. The Santa Fe County sheriff’s office released a trove of documents released to the investigation this week. 26 Apr 2022 Pictured: Alec Baldwin seen in stills from video footage of Rust rehearsals released by investigators in the US. Photo credit: Santa Fe County Sheriff/MEGA TheMegaAgency.com +1 888 505 6342 (Mega Agency TagID: MEGA851467_005.jpg) [Photo via Mega Agency]
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Alec Baldwin is standing trial on charges of involuntary manslaughter in connection with the death of cinematographer Halyna Hutchins on October 21, 2021. Baldwin was holding a gun on the set of the Western film when it went off, fatally wounding Hutchins and hospitalizing director Joel Souza.

Armorer Hannah Gutierrez-Reed had her involuntary manslaughter trial earlier this year. It took a jury less than three months to find her guilty of involuntary manslaughter but acquitted her on a lesser charge of tampering with evidence. Judge Mary Marlowe Sommer sentenced her to the state maximum of 18 months behind bars after prosecutors successfully argued that the rookie armorer accidentally mixed up live ammunition with dummy bullets.

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Judge Gives Baldwin A Big Legal Win Ahead of Trial

Alec Baldwin sits down with police for interview following Rust shooting
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During a hearing on Monday, July 8, only one day before jury selection, Judge Mary Marlowe Sommer granted Alec Baldwin a major win in his "Rust" case when she decided that Baldwin’s role as a co-producer could not be entered as evidence into the trial.

“I’m having real difficulty with the state’s position that they want to show that as a producer he didn’t follow guidelines and therefore as an actor Mr. Baldwin did all of these things wrong that resulted in the death of Ms. Hutchins because as a producer he allowed these things to happen,” Judge Mary Marlowe Sommer declared today in a pre-trial motions hearing on Monday, according to Deadline.

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Alec Baldwin Faces Up To 18 Months Behind Bars

Alec Baldwin poses with gun and ammo in newly released Rust rehearsal video
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Involuntary manslaughter is a fourth-degree felony in the state of New Mexico. As such, Baldwin could face up to 18 months behind bars and approximately $5,000 in fines. The trial is expected to take around two weeks, with the jury potentially getting the case as early as late next week if they are seated on Tuesday, July 9. That means that opening statements in the trial could begin on Wednesday, July 10. Baldwin's legal team has not made it clear whether or not the actor will take the stand to testify, although he has maintained that he never pulled the trigger in several interviews following the shooting.

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The prosecution had been leaning into Baldwin's position as a producer on the set of "Rust," not an actor, and seemed ready to argue that his role as a producer allowed him to take over the production of "Rust" in terms of firearm safety and his own training. However, as of Monday, the judge took Baldwin's position as a producer off the table.

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The Judge Wanted To Avoid 'Confusion To Jurors'

Alec Baldwin questioned by police after fatal Rust shooting
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During Monday's hearing, special prosecutor Erlinda Johnson argued that Baldwin's role "As a producer made him keenly aware of his responsibility on set. In an earlier filing, Johnson had claimed that his role as a producer "emboldened him in the days before October 21, 2021, to engage in conduct that placed others, including Ms. Hutchins at risk, by rushing crew members and making demands for quick changes to scenes, sending crew members scrambling."

Johnson went on to claim that “Mr. Baldwin’s role as a producer also made him keenly aware of his duties to observe set safety rules and orderly conduct on set.” However, Judge Mary Marlowe Sommer felt that Baldwin's role as a producer and an actor might be confusing for a jury.

“The probative value is not substantially outweighed by unfair prejudice and confusion to jurors,” Judge Sommer said during Monday's hearing.

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Will Hannah Gutierrez-Reed Testify In Alec Baldwin's 'Rust' Trial?

Hannah Gutierrez-Reed poses for mugshot after being convicted of involuntary manslaughter in 'Rust' shooting trial
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Although Alec Baldwin did not testify during Hannah Gutierrez-Reed's trial, it remains unclear if she will testify in his. The 27-year-old daughter of veteran armorer Thell Reed is currently appealing her sentence and trying to get an early release after being sentenced to 18 months behind bars after allegedly putting live ammunition in the firearm that was then handed to Baldwin.

Although the rookie armorer is currently listed on the state's witness list, it is unlikely that she will testify. Last month, Judge Sommer decided that she would not force Hannah Gutierrez-Reed to testify after she invoked her Fifth Amendment right during a pre-trial interview for Baldwin's trial.

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