Jury selection is scheduled to begin Tuesday in Alec Baldwin’s murder trial in connection with the fatal shooting of a crew member in 2021 on the set of “Rust” in Santa Fe, New Mexico.
The actor was practicing the cross-drawing in the church on the set of the Western movie when a Colt .45 revolver fired a live round, fatally striking 42-year-old cinematographer Halyna Hutchins.
Baldwin, 66, who also served as a producer on the film, was charged by a grand jury with involuntary manslaughter in connection with Hutchins’ death earlier this year, after prosecutors previously dropped the charge. He pleaded not guilty.
Jury selection is expected to last a day, with the trial scheduled to run through July 19.
Baldwin has maintained that he did not pull the trigger of the firearm, although the FBI forensic report determined that the gun could not have fired without pulling the trigger.
Prosecutors sought to argue during the trial that Baldwin was responsible as a producer for the unsafe conditions on the set. However, Judge Mary Marlowe Sommers ruled against prosecutors during an evidentiary hearing on Monday.
In arguments before the ruling, defense attorney Luke Nikas said that admitting Baldwin was responsible for the shooting death because he was reckless in his role as a producer was “more prejudicial than probative” and should be dismissed.
Prosecutor Erlinda Ocampo Johnson, meanwhile, said it was appropriate to demonstrate to the jury that as a producer Baldwin “knows the obligation of safety” and “has the power to control safety on the plane.”
In rejecting the evidence, Marlowe Sommers argued that its probative value “does not outweigh the unfair prejudice and certainly the confusion of the issue with the jury.”
Among other evidence judgments, the judge said footage from the plane “Rust” showing Baldwin’s handling of firearms can be admitted as evidence in the trial, but the video of him shouting or cussing the crew to hurry up are not relevant in the case.
Baldwin’s defense team filed several motions to dismiss the indictment, all of which were denied in the weeks leading up to the trial.
Marlowe Sommer additionally rejected a request from the state last month to use immunity to compel the testimony of the film’s armorer, Hannah Gutierrez, during Baldwin’s trial.
Gutierrez, 27, was found guilty of involuntary manslaughter in connection with the shooting and was sentenced in April to 18 months in prison, the maximum possible, in the shooting. He appealed the conviction in May.
Prosecutors requested immunity so that his testimony could not be used against him on appeal. In a pretrial interview in May, Gutierrez asserted his Fifth Amendment privilege against self-incrimination, prosecutors said.
In issuing his decision, Marlowe Sommer noted that the armorer would not testify and that he had not heard “anything that (Gutierrez) could testify to that other people could not testify.”
Gutierrez could still be called to testify but will speak without immunity.
Marlowe Sommer was also allowed last month to testify in Baldwin’s trial from the crew of “Rust” who the prosecutor said witnessed the shooting on the plane and said he saw Baldwin pull the trigger.
Those on the list of state and defense witnesses who may also be called to testify include David Halls, the film’s safety coordinator who was sentenced to six months of unsupervised probation in connection with the shooting, and “Rust” director Joel Souza, who was also struck. live bullets. Both testified during Gutierrez’s trial.
During Gutierrez’s trial, footage of Baldwin from the filming of “Rust” was shown, including a shot of the actor firing a gun after “cut” was called. Prosecutor Kari Morrissey addressed Baldwin’s role in the shooting during closing arguments, telling jurors, “Alec Baldwin’s actions and the lack of gun safety in the church that day is what you have to answer for. Not with you and not now. .”