Alec Baldwin The producer’s role in the Western film “Rust” is irrelevant in the manslaughter trial over a fatal shooting on the set, a New Mexico judge ruled Monday.
The ruling is a major setback for prosecutors as the trial was about to begin. They had planned to present evidence showing that Baldwin bore special responsibility — as a co-producer, far beyond that of the actor holding the gun — for the dangerous environment that led to the shooting death of cinematographer Halyna Hutchins during a rehearsal.
“I have a really hard time accepting the state’s position that as a producer he didn’t follow the guidelines and therefore as an actor Mr. Baldwin did all these things that resulted in Ms. Hutchins’ death because as a producer he allowed those things to happen,” Judge Mary Marlowe Sommer said. “I refuse to prove his status as a producer.”
Special prosecutor Erlinda Ocampo Johnson unsuccessfully argued that Baldwin was “acutely aware” of his safety obligations as a producer, in an attempt to bolster an alternative theory of culpability beyond negligent use of a firearm. The prosecution attempted to link Baldwin’s behavior on set to “a complete disregard or indifference to the safety of others.”
On Monday, Baldwin sat in court between lead attorneys Luke Nikas and Alex Spiro. He appeared to be listening intently, taking occasional notes on a yellow legal pad and handing written messages to an attorney. Baldwin wore glasses and had short hair.
The trial The trial begins Tuesday with jury selection and is expected to last 10 days.
Last week, the judge cleared the way for firearms experts key to the prosecution to testify about how Baldwin handled the gun and whether the weapon was functioning properly before the fatal shooting.
On Monday, the judge agreed with prosecutors in excluding from trial the summary findings of a state workplace safety investigation that pinned much of the blame on Deputy Director Dave Halls. Halls has pleaded not guilty to negligent use of a firearm and could be called to testify at Baldwin’s trial.
Prosecutors say the workplace safety investigation was incomplete, unreliable and ignored Baldwin’s role in the fatal shooting.
This aerial photo shows the set of the movie “Rust,” at Bonanza Creek Ranch, Oct. 23, 2021, in Santa Fe, New Mexico. (AP Photo/Jae C. Hong, File)
Rust Movie Productions paid a $100,000 fine to resolve violations of state safety regulations that were described as “serious” but not intentional, under a 2023 settlement agreement. Several witnesses from the workplace safety investigation are likely to be called to testify at Baldwin’s trial.
Prosecutors will also be able to present graphic images of Hutchins’ injuries from an autopsy report at trial, over defense objections, as well as police lavalier camera video showing the immediate aftermath of the shooting as medics arrived on the set to treat the wounded Hutchins and Souza.
Baldwin is charged with a single count of involuntary manslaughter, which carries a possible sentence of up to 18 months in prison if convicted.
Hannah Gutierrez-Reed, the on-set gunsmith, was found guilty of involuntary manslaughter She was sentenced to 18 months in prison for Hutchins’ death. She has appealed her conviction.
In October 2021, Baldwin was rehearsing a cross-draw maneuver with the revolver when the gun went off, killing Hutchins and wounding director Joel Souza.
In this image from video released by the Santa Fe County Sheriff’s Office, Alec Baldwin speaks with investigators after a fatal shooting on a movie set in Santa Fe, New Mexico. (Santa Fe County Sheriff’s Office via AP, File)
Baldwin has pleaded not guilty and claims the gun was fired accidentally after he followed instructions to point it at Hutchins, who was behind the cameraUnaware that the gun contained a live round, Baldwin said he pulled the hammer – not the trigger – and the shot fired.
Baldwin’s lawyers successfully barred any discussion at trial of fatal shooting incidents on film sets, including the death of actor Brandon Lee from a gunshot wound to the abdomen while filming a scene for “The Crow” in 1993. In that case, a a bullet was mistakenly left in a firearm from a previous scene and struck Lee during the filming of a scene that required the use of blanks.
Prosecutors have agreed not to seek testimony about “The Crow,” but also maintain that Baldwin was aware of the safety risks posed by firearms, even when live ammunition was not involved.
Marlowe Sommer said she would allow only one reference at trial to the fact that blanks without a projectile can be deadly. Baldwin’s lawyers argue that it was inconceivable that live ammunition would have been on the set.
The judge sided with prosecutors in excluding from trial a letter signed by crew members that disputes characterizations of the “Rust” set as chaotic or dangerous before the fatal shooting.
Another preliminary motion could ease tensions between the prosecution and defense teams. Prosecutors want the judge to dismiss charges of “prosecutory misconduct” and “personal attacks.”
Marlowe Sommer said the trial’s arguments over prosecutorial misconduct will be limited to testimony and expert analysis of the gun used in the fatal shooting and FBI forensic tests that damaged the firing mechanism. Defense attorneys argue that could have destroyed potential exculpatory evidence.
The judge also ruled that evidence and arguments intended to elicit sympathy for Baldwin will not be admitted at trial, including indications of remorse or the impact of the events on his family. Prosecutors say those arguments have no bearing on determining guilt.
Baldwin is a three-time Emmy winner He went from star and lead actor to supporting actor and even went years without a major role in a hit movie or TV show. But he remained a household name for nearly 35 years, thanks in large part to his real-life persona: an outspoken liberal, a talk show host and the king of all “Saturday Night Live” hosts.