New Mexico judge rejects effort to compel new testimony from movie armorer in Alec Baldwin trial

SANTA FE, N.M. (AP) — A New Mexico decide denied a request Friday to make use of immunity to compel testimony from a film set armorer within the involuntary manslaughter trial of actor Alec Baldwin who fatally shot a cinematographer throughout rehearsal for the Western film “Rust.”

Armorer Hannah Gutierrez-Reed was convicted in March of involuntary manslaughter for her function within the capturing of Halyna Hutchins on a movie-set ranch and he or she was sentenced to 18 months in jail. Her statements to investigators and office security regulators will doubtless function prominently in Baldwin’s trial.

Additional testimony may very well be restricted by the armorer’s reluctance to testify, and Choose Mary Marlowe Sommer mentioned Friday that different witnesses can fill in a lot of the gaps if she doesn’t testify. At a pretrial interview in Could, Gutierrez-Reed exercised her Fifth Modification proper in opposition to self-incrimination and declined to reply all questions.

“It’s fairly clear that she doesn’t intend to cooperate,” Marlowe Sommer mentioned. “I haven’t heard of something that she would possibly testify to that another person couldn’t testify to.”

However the decide acknowledged that Gutierrez-Reed might supply new testimony about gun-safety coaching and whether or not Baldwin absolutely participated.

Particular prosecutor Kari Morrissey indicated that the state might nonetheless name on Gutierrez-Reed to testify with out immunity. Baldwin and Gutierrez-Reed each oppose efforts to compel her testimony.

Baldwin figured prominently at her trial, which highlighted gun-safety protocols and his authority as a co-producer and the lead actor on “Rust.”

Gutierrez-Reed is interesting her conviction and has additionally been charged individually with carrying a firearm right into a Santa Fe bar weeks earlier than the deadly capturing.

An legal professional for Gutierrez-Reed mentioned compelling her to testify, even with immunity, would “nearly eradicate” the potential of a good trial on the pending firearms cost and will disrupt her attraction.

The digital listening to additionally cleared the way in which for testimony at trial by a “Rust” crew member.

In a latest pretrial interview, growth operator Zac Sneesby “revealed that he was standing very near Mr. Baldwin when he shot and killed Halyna Hutchins,” particular prosecutor Erlinda Ocampo Johnson advised the court docket Friday. “Mr. Sneesby particularly mentioned he noticed Mr. Baldwin pull the set off. And as you realize, the protection place has at all times been that he didn’t pull the set off. Properly, now there’s an eyewitness.”

Additionally throughout Friday’s listening to, Marlowe Sommer dominated in opposition to a request by protection attorneys to scuttle the trial as a result of they mentioned Baldwin had no purpose to imagine the gun might comprise reside ammunition and wasn’t “subjectively conscious” of the dangers.

The court docket will hear a second movement to dismiss the case based mostly on the argument that the firearm was closely broken throughout FBI forensic testing earlier than it may very well be examined for doable modifications which may exonerate the actor.

“The federal government took essentially the most important proof on this case — the firearm — and destroyed it by repeatedly and pointlessly hanging it with a mallet,” protection attorneys mentioned in court docket filings. “Authorities brokers knew that the firearm wouldn’t survive.”

Throughout the deadly rehearsal on Oct. 21, 2021, Baldwin was pointing the gun at Hutchins when it went off, killing her and wounding director Joel Souza, who survived. Baldwin says he pulled again the gun’s hammer however didn’t pull the set off.

Prosecutors plan to current proof at trial that they are saying reveals the firearm “couldn’t have fired absent a pull of the set off” and was working correctly earlier than the capturing.

At Gutierrez-Reed’s trial, an FBI professional testified the gun was absolutely useful with security options when it arrived at an FBI laboratory. The professional mentioned he needed to strike the absolutely cocked gun with a mallet and break it for the gun to fireside with out miserable the set off.

Baldwin has pleaded not responsible to the involuntary manslaughter cost, which carries a most sentence of 18 months in jail.

Marlowe Sommer beforehand rejected one other Baldwin movement for dismissal, ruling that the grand jury was capable of make an impartial judgement on the indictment.

Final 12 months, particular prosecutors dismissed an involuntary manslaughter cost in opposition to Baldwin, saying they have been knowledgeable the gun might need been modified earlier than the capturing and malfunctioned. However they pivoted after receiving a brand new evaluation of the gun and efficiently pursued a grand jury indictment.

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The spelling of the primary identify of particular prosecutor Kari Morrissey has been corrected.