SANTA FE, N.M. (AP) — A New Mexico judge has denied a request to dismiss Alec Baldwin’s only criminal charge in a deadly shooting on the set of “Lust,” setting the trial back on schedule for this summer.
Judge Mary Marlowe Sommer on Friday upheld an indictment charging Baldwin with manslaughter in the 2021 death of cinematographer Halina Hutchins. The judge rejected defense arguments that prosecutors ignored the rules of grand jury procedure to distract from exculpatory evidence and witnesses.
The special counsel denied accusations that the grand jury proceedings were tainted, said Baldwin made a “brazen” attempt to avoid responsibility and pointed to inconsistencies in his statements to law enforcement, workplace safety regulators and in television interviews.
Friday’s ruling removes one of the final obstacles for prosecutors to put Baldwin on trial in July.
“We look forward to our day in court,” defense attorneys Luke Nikas and Alex Spiro said in an email.
During a rehearsal on the set of a Western, Baldwin pulled a gun on Hutchins, but the revolver went off, killing Hutchins and wounding director Joel Souza. Baldwin claims he cocked the gun but did not pull the trigger.
Baldwin has pleaded not guilty to manslaughter, a charge that carries a maximum sentence of 18 months in prison.
After reviewing a transcript of the January grand jury hearing, Marlow Sommer denied the allegation that prosecutors acted in “bad faith,” noting that prosecutors do not have to present exculpatory evidence.
“New Mexico law does not require a prosecutor to present exculpatory evidence to a grand jury, or even to consider exculpatory evidence after being informed of its existence,” the judge wrote.
She acknowledged that some grand jury questions were referred to expert witnesses hired by the prosecution, but said that did not prevent the jury from making its own judgment on whether to indict Baldwin.
Court arguments on the dismissal motion last week lasted more than two hours. Baldwin’s defense team accused prosecutors of interrupting grand jurors’ questioning and making little or no effort to contact defense witnesses when they were called. Detailed records of the grand jury proceedings have not been made public.
Lead special prosecutor Kari Morrissey said jurors’ questions would be answered by witnesses with relevant experience and that the grand jury would have access to boxes of evidence presented by the defense. Baldwin did not attend the hearing.
Prosecutors last year dropped a manslaughter charge against Baldwin after they were told the gun he had was tampered with and may have been malfunctioning before the shooting. A new analysis of the gun last year allowed them to retry the case.
Prosecutors are now focusing all their attention on Baldwin after a judge in April convicted Weapon director Hannah Gutierrez Reed of manslaughter in Hutchins’ death and sentenced her to up to 18 months in state prison.
Gutierrez Reed’s two-week trial has given Baldwin’s lawyers and the public an unusual opportunity to see how the actor’s own trial will unfold.
Baldwin played a major role in the testimony and closing arguments, emphasizing his authority as a co-producer and lead actor in “Lust.” In the trial of Gutierrez-Reed, both the prosecution and defense analyzed video footage of Baldwin before the fatal shooting for clues about a malfunctioning gun safety.
Prosecutors said Gutierrez-Reed unknowingly brought live ammunition onto the set of “Lust,” where live ammunition was expressly prohibited, and failed to follow basic gun safety procedures. Gutierrez-Reed is appealing his conviction, but has not yet filed detailed arguments.
