Judge denies Alec Baldwin’s motion to dismiss ‘Rust’ case, allowing trial to proceed

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As a seasoned cinephile with decades of experience in the film industry, I have seen my fair share of production sets and the complexities that come with bringing a movie to life. The tragic incident that unfolded on the “Rust” set last year was not only shocking but also preventable.

As a passionate film enthusiast, I was dismayed to learn that a New Mexico judge gave the green light for a criminal trial against actor Alec Baldwin this past Friday. The reason: his involvement in the unfortunate and fatal accidental shooting of a cinematographer on the “Rust” movie set.

According to New Mexico First Judicial District Court Judge Mary Marlowe Sommer’s decision, the trial will proceed as originally intended.

Baldwin has entered a not-guilty plea for the felony charge of involuntary manslaughter against him. The trial, involving jury selection, is scheduled to start in a Santa Fe courthouse on July 9.

The Times has reached out to Baldwin’s camp for comment.

After numerous legal disputes lasting for several months between Baldwin’s skilled lawyers and the special prosecutors, a verdict has been reached on the condition of the prop gun he used.

In the 2021 incident, prosecutors argue that Baldwin accidentally discharged the firearm, resulting in Hutchins’ death, who was only a few feet from him at the time.

I support Baldwin’s argument that investigators made errors leading to his indictment. He maintains that the gun accidentally discharged, not that he intentionally pulled the trigger.

As a seasoned investigative journalist with years of experience covering high-profile court cases, I can tell you that the latest revelation in the “Rust” film set shooting incident is quite intriguing. According to prosecutors, a crew member is set to testify that they witnessed Alec Baldwin pulling the trigger on the fateful day. The fact that this testimony is coming up adds another layer of complexity to an already complicated case.

While shooting a low-budget western, Baldwin, Hutchins, and the film’s director, Joel Souza, along with around a dozen other crew members, were getting ready for a scene where Baldwin’s character would draw his pistol from its shoulder holster, leading to a gunfight against law enforcement officers.

The state of the newly produced Pietta Colt .45, which is a realistic duplicate of an 1880s pistol made in Italy, is under debate following its examination by an FBI expert.

Baldwin’s lawyers contend that the hammer and sear of the firearm, which fractured during the FBI’s testing of the weapon, suggest that the gun might unintentionally go off. Baldwin was reportedly prevented from demonstrating that the gun had defects.

Baldwin argued that the firearm used on “Rust” set was altered prior to the incident, a contention the prosecution refutes, suggesting this modification could have led to the unfortunate accident.

As a film enthusiast, I can’t help but be dismayed when crucial evidence goes missing or gets destroyed. And it’s particularly disappointing when the authorities themselves are responsible for such an action. In a recent court filing, my attorneys Luke Nikas and Alex Spiro expressed their concern that the state intentionally destroyed the most significant piece of evidence without making even the slightest effort to preserve its original condition beforehand.

Prosecutors had long argued that the gun would not have just gone off.

Last year during a high-profile trial, I had the opportunity to witness an intriguing turn of events. The prosecution brought in an esteemed firearms expert from Arizona. This skilled professional meticulously examined and even rebuilt the damaged parts of the revolver in question. His intention was clear: he planned to take the stand and attest that the gun, under normal circumstances, would only discharge if Baldwin had deliberately pulled the trigger.

At a two-day long hearing that ended on Monday, Baldwin’s lawyers and the two prosecutors interrogated firearms specialists, forensic investigators, and the Santa Fe County sheriff’s deputy responsible for probing the shooting, for several hours each.

Baldwin believed the gun was unloaded since he had been informed of this term “cold,” which signifies no bullets. However, unfortunately, a live bullet was actually chambered. According to his lawyers, along with SAG-AFTRA’s backing, Baldwin wasn’t held accountable for weapon safety checks and wasn’t obligated to personally examine the firearm himself.

In March, Hannah Gutierrez, the armorer on set, was found guilty of involuntary manslaughter for the circumstances leading to Halina Hutchins’ fatal shooting. Her punishment includes serving a sentence of 18 months in length.

According to court proceedings, Gutierrez is listed as a state witness prepared to testify against Baldwin. However, she has shown resistance in cooperating with the prosecution.

The investigation into the “Rust” shooting has faced multiple setbacks.

Mistakes were committed by the law enforcement officials and initial prosecution team, leading them to recuse themselves from the case.

In 2022, the lead detective leading the investigation requested the destructive tests be carried out, disregarding the FBI analyst’s caution that hitting the gun’s hammer with a mallet might cause harm to the firearm.

Baldwin’s legal team has additionally charged that the investigating attorneys hid crucial evidence, an allegation they have refuted. Recently, lawyers Nikas and Spiro submitted a petition to scrap the charges against Baldwin due to the firearm’s damage.

Nikas and Spiro pointed out some abnormalities in the gun props, such as shavings and indecipherable “tool traces” on the hammer. It remains unclear if these marks appeared during the production of “Rust.”

About a year ago, prosecutor Kari Morrissey and her law partner chose to dismiss the case against Baldwin in order to thoroughly examine the claims that the gun had been altered, brought forth by Nikas.

In April 2023, the dropped charge allowed Baldwin to journey to Montana for wrapping up the filming of “Rust.”

In October last year, Morrissey proposed a lenient deal to Baldwin. If he had accepted, Baldwin could have pled not guilty to the misdemeanor charge of using a dangerous weapon recklessly.

However, Morrissey withdrew the deal weeks later.

Morrissey discovered that Nikas had disclosed confidential information about the incident to NBC News, according to her. Shockingly, she also found out that Baldwin had initiated a documentary about the deceased woman he had killed and was urging key witnesses in the case to participate in interviews for his production.

Last year, David Halls, the assistant director of “Rust,” admitted to using a weapon in a reckless manner, which is a misdemeanor offense, and was given a suspended prison sentence of six months.

The assistant director consented to pay a fine of $500, attend a firearms safety course, abstain from using drugs or alcohol, and perform 24 hours of community service. He further promised to appear in court and give testimony regarding the incident, as well as share his memories during Gutierrez’s trial in late February.

Halls is also on the witness list for Baldwin’s defense team.

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2024-07-18 21:59