Alec Baldwin Trial Update: New Mexico Judge Denies Testimony Request

A New Mexico judge rejects an attempt to force new testimony from a movie armourer in the Alec Baldwin murder trial.

A New Mexico judge on Saturday rejected a request to exercise immunity to compel testimony from a film planning armorer in the manslaughter trial of actor Alec Baldwin, who fatally shot a cinematographer during a rehearsal for a Western Rust.

Armorer Hannah Gutierrez-Reed was convicted of manslaughter in March for her role in the shooting death of Halyna Hutchins at the ranch where the film was shot, and was sentenced to 18 months in prison. Her testimony to investigators and workplace safety regulators is likely to feature prominently in Baldwin’s trial.

Further testimony may be limited due to the armorer’s reluctance to testify, and Judge Mary Marlowe Sommer said Saturday that other witnesses could fill in most of the gaps if she does not testify. At a pretrial hearing in May, Gutierrez-Reed exercised her Fifth Amendment right against self-incrimination and declined to answer all questions.

“It is quite clear that he is not going to cooperate,” Marlowe Sommer said. “I haven’t heard of anything she could testify that someone else couldn’t testify to.”

However, the judge acknowledged that Gutierrez-Reed could provide new testimony about gun safety training and whether Baldwin fully participated in it.

Special Prosecutor Kari Morrissey indicated that the state could still subpoena Gutierrez-Reed to testify without immunity. Both Baldwin and Gutierrez-Reed oppose attempts to force her testimony.

Baldwin played an important role during her trial, which highlighted gun safety protocols and his authority as co-producer and lead actor Rust.

Gutierrez-Reed is appealing her conviction and was also separately charged with bringing a firearm into a Santa Fe bar in the weeks before the fatal shooting.

Gutierrez-Reed’s attorney said forcing her to testify, even with immunity, would “virtually eliminate” the possibility of a fair trial on the pending firearms charge and could derail her appeal.

The virtual hearing also made it possible for A to testify at the hearing Rust crew member.

In a recent pretrial interview, boom operator Zac Sneesby “disclosed that he was standing very close to Mr. Baldwin when he shot Halyna Hutchins,” special prosecutor Erlinda Ocampo Johnson said in court Saturday. “Mr Sneesby specifically said he saw Mr Baldwin pull the trigger. And as you know, the defense was always that he wasn’t the one who pulled the trigger. Well, now we have an eyewitness.

TO READ: Shooting victim Halyna Hutchins was a ‘visionary’ whose big dreams took her from Ukraine to Hollywood

Also during Saturday’s hearing, Marlowe Sommer rejected a defense motion to dismiss the trial because she said Baldwin had no reason to believe the gun might contain live ammunition and was not “subjectively aware” of the dangers.

The court will consider a second motion to dismiss the case based on the argument that the firearm was severely damaged during FBI forensic examination before it could be examined for possible modifications that could have exonerated the actor.

“The government took the most important piece of evidence in this case – the firearm – and destroyed it by repeatedly and pointlessly striking it with a hammer,” defense attorneys said in a court filing. “Government agents knew firearms would not survive.”

During the fateful attempt on October 21, 2021, Baldwin was pointing a gun at Hutchins when it went off, killing her and injuring director Joel Souza, who survived. Baldwin claims he cocked the gun back but did not pull the trigger.

Prosecutors plan to present evidence at trial that they say shows the gun “could not have fired without pulling the trigger” and was functioning properly before the shot was fired.

During Gutierrez-Reed’s trial, an FBI expert testified that the weapon was fully functional and had safety features when it was delivered to the FBI laboratory. The expert stated that he had to hit the fully cocked gun with a hammer and break it so that the gun fired without pressing the trigger.

Last year, special prosecutors dismissed the manslaughter charge against Baldwin, saying they were informed the gun may have been modified before the shooting and may have malfunctioned. However, after receiving a new analysis of the weapon, they changed their mind and successfully brought an indictment before a grand jury.

Baldwin pleaded not guilty to manslaughter, which carries a maximum sentence of 18 months in prison.

Marlowe Sommer previously denied Baldwin’s subsequent motion to dismiss, ruling that the grand jury was able to reach an independent verdict on the indictment.