By Morgan Lee
Adapted for radio by S. Baxter Clinton
SANTA FE, N.M. (AP) — A New Mexico judge plans to rule this week on a grand jury indictment against Alec Baldwin in the fatal shooting on the set of “Rust," after hearing arguments Friday that the proceedings were unfair to the defendant.
The indictment in January charged Baldwin with involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins on Oct. 21, 2021, at a movie ranch on the outskirts of Santa Fe.
Baldwin, a lead actor and co-producer on the Western, has pleaded not guilty to the charge, which carries a maximum sentence of 1.5 years in prison. His attorneys argued during the virtual hearing on Friday that the grand jury received a one-sided presentation in bad faith from prosecutors who steered jurors away from exculpatory evidence and witnesses.
During rehearsal, Baldwin was pointing a gun at cinematographer Halyna Hutchins when the revolver went off, killing Hutchins and injuring Joel Souza, the director. Baldwin has maintained that he pulled back the gun’s hammer, but not the trigger.
Baldwin’s motion to dismiss the indictment argued that the grand jury received inaccurate and limited testimony about the revolver and safety protocols on movie sets.
Over more than two hours of arguments Friday, defense attorneys for Baldwin accused the special prosecutor of neglecting her responsibilities to ensure impartiality and access to the defense's witnesses and evidence.
Defense attorney Alex Spiro said, “The fix was in. There were no (defense) witnesses there to testify. There was no evidence binder of the defense exhibits.”
He continued, “They never intended for the grand jury to ask for witnesses. They never wanted the grand jury to ask for exhibits.”
Special prosecutors say they followed grand jury protocols and accuse Baldwin of “shameless” attempts to escape culpability, highlighting contradictions in his statements to law enforcement, to workplace safety regulators and in a televised interview. A jury trial is scheduled for July.
Lead prosecutor Kari Morrissey on Friday defended her oversight of the grand jury, noting that she read to jurors a court-approved letter that outlines procedures for accessing exculpatory evidence and witnesses — and that she physically pointed at the defense's boxes of evidence.
Morrissey said, “The grand jury never asked to hear from witnesses. There is nothing I can do about that. We followed all of the judge's orders.”
Defense attorneys also highlighted that jurors were interrupted when they brought up questions about safety procedures on film sets. Baldwin's attorneys said jurors were guided away from listening to testimony from a sheriff's detective and instead toward an expert witness paid by the prosecution to talk about film set safety.
