Alec Baldwin’s lawyers lost a new lawsuit Friday to have his manslaughter case dismissed.
The troubled star is set to go on trial on July 9 for accidentally shooting cinematographer Halina Hutchins on the set of the 2021 Western film “Lust.” New Mexico.
Leading lawyers argued that the case should be dismissed because Baldwin had no reason to believe the gun contained live ammunition.
Judge Mary Marlowe Sommer rejected the argument during an online hearing, in which Baldwin was not present.
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Hannah Gutierrez Reed was convicted of manslaughter in the shooting death of cinematographer Halina Hutchins. (New Mexico State Court/Santa Fe Sheriff)
The defense is still before the judge with a separate motion for dismissal. Baldwin’s lawyers have argued that the FBI’s examination damaged the firearm so much that the defense could not examine it.
“The government has taken the most important piece of evidence in this case, a firearm, and destroyed it by repeatedly and pointlessly striking it with a mallet,” defense attorneys Luke Nikas and Alex Spiro wrote in court documents. “Government officials knew the firearm would not be destroyed.”
At the start of the hearing, the judge denied a prosecutor’s request to grant immunity to film-set weapons manufacturer Hannah Gutierrez Reed in order to force her to testify.
Gutierrez Reed was convicted of manslaughter in March for his role in Hutchins’ death after she accidentally loaded a gun with live ammunition.
Both Baldwin and Gutierrez-Reed, the film’s co-producer and lead actor, have opposed efforts to have her testify.
“It is clear that she has no intention of cooperating,” the judge said. “I have not heard that she might testify that someone else could not testify.”
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Hannah Gutierrez Reed is seen holding a gun. (AP Photo/Jay C. Hong | Instagram)
Special prosecutor Kari Morrissey said the state can still subpoena Gutierrez Reed, but he won’t be given immunity.
During a pretrial hearing in May, Gutierrez Reed invoked his Fifth Amendment right against self-incrimination and refused to answer any questions about the case.
She is currently serving an 18-month sentence.
Baldwin allegedly pointed a gun at Hutchinson during rehearsal on Oct. 21, 2021, and fired a gun, killing Hutchinson and wounding director Joel Souza.
Baldwin maintains he never pulled the trigger, but prosecutors counter that the shot could not have been fired if he had not pulled the trigger.
An FBI expert testified at the hearing that the gun was in good working order and would likely not have fired without pulling the trigger. The prosecution also played “Rust” video that purportedly shows Baldwin firing the gun and that the gun was in good working order.
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Cinematographer Halina Hutchins passed away in October 2021 while filming Lust. (Fred Haise/Getty Images)
Special prosecutor Erlinda Ocampo Johnson said Zach Sneesby, who operated the explosives, was near Baldwin when shots rang out.
“Mr. Sneesby stated that he saw Mr. Baldwin pull the trigger,” she said of the witness, “and as you know, the defense has consistently maintained that he did not pull the trigger. Now, we have a witness.”
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Baldwin, who has pleaded not guilty in the case, faces up to 18 months in prison if convicted.
Prosecutors last year abandoned a manslaughter charge against Baldwin, arguing the gun had been tampered with before the incident and may have malfunctioned.
Police refiled charges after conducting further analysis of the firearm.
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The trial will allege that the “30 Rock” star exhibited “reckless behavior” on set, routinely ignored safety procedures and once fired a round in the air at an assistant at his Santa Fe ranch.
They said the hot-tempered actor had complete control over the set and was often rude to the film crew.
The hearing continues on Monday.
