By Morgan Lee
SANTA FE, N.M. (AP) --A New Mexico judge denied a request Friday to use immunity to compel testimony from a movie set armorer in the involuntary manslaughter trial of actor Alec Baldwin who fatally shot a cinematographer during rehearsal for the Western movie "Rust."
Armorer Hannah Gutierrez-Reed was convicted in March of involuntary manslaughter for her role in the shooting of Halyna Hutchins on a movie-set ranch and she was sentenced to 18 months in prison. Her statements to investigators and workplace safety regulators will likely feature prominently in Baldwin's trial, scheduled for July.
Further testimony could be limited by the armorer's reluctance to testify, and Judge Mary Marlowe Sommer said Friday that other witnesses can fill in most of the gaps if she doesn't testify. At a pretrial interview in May, Gutierrez-Reed exercised her Fifth Amendment right against self-incrimination and declined to answer all questions.
"It's pretty clear that she does not intend to cooperate," Marlowe Sommer said. "I haven't heard of anything that she might testify to that someone else could not testify to."
But the judge acknowledged that Gutierrez-Reed could offer new testimony about gun-safety training and whether Baldwin fully participated.
Special prosecutor Kari Morrissey indicated that the state could still call on Gutierrez-Reed to testify without immunity. Baldwin and Gutierrez-Reed both 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 appealing her conviction and has also been charged separately with carrying a firearm into a Santa Fe bar weeks before the fatal shooting.
An attorney for Gutierrez-Reed said compelling her to testify, even with immunity, would "virtually eliminate" the possibility of a fair trial on the pending firearms charge and could disrupt her appeal.
The virtual hearing also cleared the way for testimony at trial by a "Rust" crew member who says he witnessed the shooting at close range.
In a recent pretrial interview, boom operator Zac Sneesby "revealed that he was standing very close to Mr. Baldwin when he shot and killed Halyna Hutchins," special prosecutor Erlinda Ocampo Johnson told the court Friday. "Mr. Sneesby specifically said he saw Mr. Baldwin pull the trigger. And as you know, the defense position has always been that he didn't pull the trigger. Well, now there's an eyewitness."
Also during Friday's hearing, Marlowe Sommer ruled against a request by defense attorneys to dismiss the trial because they said Baldwin had no reason to believe the gun could contain live ammunition and wasn't "subjectively aware" of the risks.
The court delayed until Monday discussion of a second motion for dismissal based on the argument that the firearm was heavily damaged during FBI forensic testing before it could be examined for possible modifications that might exonerate the actor.
"The government took the most critical evidence in this case — the firearm — and destroyed it by repeatedly and pointlessly striking it with a mallet," defense attorneys said in court filings. "Government agents knew that the firearm would not survive."
Attorneys for Baldwin are highlighting a previously undisclosed expert analysis that outlines uncertainty about the origin of "toolmarks" on the gun's firing mechanism. The hearing is scheduled to reconvene Monday.
During the fatal 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 back the gun's hammer but did not pull the trigger.
Prosecutors plan to present evidence at trial that they say shows the firearm "could not have fired absent a pull of the trigger" and was working properly before the shooting.
At Gutierrez-Reed's trial, an FBI expert testified the gun was fully functional with safety features when it arrived at an FBI laboratory. The expert said he had to strike the fully cocked gun with a mallet and break it for the gun to fire without depressing the trigger.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison.
Marlowe Sommer previously rejected another Baldwin motion for dismissal, ruling that the grand jury was able to make an independent judgement on the indictment.
Last year, special prosecutors dismissed an involuntary manslaughter charge against Baldwin, saying they were informed the gun might have been modified before the shooting and malfunctioned. But they pivoted after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
SCHROM x Yacht Club and Be Electric Studios Launch Electric XR for Virtual Production
SCHROM x Yacht Club, a full-service live-action, tabletop, and postproduction company, has teamed with Be Electric Studios, a soundstage, equipment rental, and virtual production company, to launch Electric XR, a virtual production collective.
Industry veteran Thomas Rossano will lead the new venture, which provides advanced virtual production solutions across multiple facilities. He brings over 25 years of experience in live-action, tabletop, postproduction and talent curation to enhance Electric XR’s offerings as a resource for brands and agencies, as well as other production companies in need of virtual production solutions. Additionally Rossano continues to serve as EP at XR New York (XR-NY), a role he’s held since December 2022. SCHROM x Yacht Club originally established XR-NY to help provide XR services for third-party rentals. While XR-NY will continue to function independently for SCHROM X Yacht Club, it now operates under the Electric XR umbrella.
Rossano’s expertise spans producing live-action commercials, branded content, interactive and experiential content. In addition to leading Electric XR, he holds responsibilities at SCHROM x Yacht Club which include driving business development, collaborating with sales reps and expanding the company’s creative talent network. Rossano’s career includes serving as an exec producer at Hungry Man for about 11 years, right from that company’s inception. He then went on to become a partner at Station Film where he also had a lengthy tenure. Later he was a partner at PRISM. Then after the pandemic hit, he became a freelance EP for nearly two years, looking into opportunities in virtual production, which led him to XR NY and now Electric XR. Over the years, he has produced high-profile... Read More