Alec Baldwin & ‘Rust’ Producers Ordered To Reveal Actor’s Full Role On Fatal Film; Criminal Charges Refiling Decision Could Come Soon, Prosecutor Says – Update

Dominic Patten and Denise Petski
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Update, 2:21 PM: A New Mexico judge has today pulled Alec Baldwin further back into the criminal case over the killing of Rust cinematographer Halyna Hutchins two years ago on the Indie Western’s set.

Judge Mary Marlowe Sommer ruled Tuesday that Rust producers cannot crush a subpoena. The ruling means they must give prosecutors internal documents pertaining to the Baldwin’s full role on the since resurrected film. Though Baldwin saw criminal charges against him in the death of Hutchins dropped earlier this year, the special prosecutors in the case have not ruled out refiling manslaughter or other claims against him down the line.

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Currently only former Rust armorer Hannah Gutierrez-Reed is facing charges.

“A final decision will be made within the upcoming 4 to 6 weeks,” special prosecutor Kari Morrissey said in a statement last week about Baldwin’s legal fate after a hearing on the production’s effort to quash the subpoena.  “A public announcement will be made whether we decide to refile.”

One of the co-creators of the Rust story, along with director Joe Soulza, Baldwin was a producer on the film as well as the star.

Production documents and files could shed light on what Baldwin’s financial arrangements were for Rust, how much did he stand to profit from the film, and how much did he know about cost and safety corners that may have been cut.

Baldwin has always insisted that he did not pull the trigger on the gun that killed the cinematographer on October 21, 2021 – even though he was pointing it directly at her during an on-set rehearsal. Forensics tests and investigations by both the FBI and independent experts suggest it would have been near impossible for the gun to have gone off by itself. No explanation for how live rounds got on the set of Rust has emerged yet.

Representatives for both Baldwin and Reed did not respond to request for comment on today’s ruling by Judge Sommer. If and when they do, we will update this post.

PREVIOUSLY, OCT. 6 PM: Alec Baldwin has not been charged again yet in the investigation over the October 2021 killing of Rust cinematographer Halyna Hutchins, but today prosecutors alleged producers of the indie Western are standing in the way of them getting all the facts.

“Rust Productions has either intervened, interfered or obstructed the criminal investigation in this case,” special prosecutor Kari T. Morrissey told a New Mexico judge Friday in a hearing over documents related to the film. “This entire tragedy occurred because Rust Productions cut corners every chance they could and they hired inexperienced and ill-equipped crew members.”

Livestreamed, today’s session in front of District Judge Mary Marlowe Sommer, was technically a part of the special prosecutor’s case against Rust armorer Hannah Gutierrez-Reed. While prosecutors have said they may recharge Baldwin, at present, Gutierrez-Reed is the only one charged in the matter, facing involuntary manslaughter and tampering with evidence charges.

Ever since the fatal shooting of Hutchins on the Bonanza Creek Ranch set of Rust almost two years ago, Baldwin has insisted he did not pull the trigger on the 1880s Colt .45. Yet, both the FBI last year and more recently forensic experts brought on board by special prosecutor have concluded that the trigger on the firearm had to have been pulled. Confusion over this, in no small part due to damage done to the gun in the original investigation, is what led to criminal charges being dropped against Baldwin earlier this year.

Ostensibly, today’s hearing was for prosecutors to be able to gain access to paperwork that would shed a light on Baldwin’s true role on Rust. The multi-Emmy-winning actor came up with the idea for the film with director Joel Souza [who was also injured in the shooting in 2021]. Baldwin was a producer on the film – which is why prosecutors want to know exactly what he knew about what was going on with the film’s real budget and crew issues.

Rust Movie Productions LLC argued against turning over the documents, calling the state’s subpoena, “burdensome”, that charges have been dismissed and the records were not relevant in the case against Gutierrez-Reed.

Special prosecutors dropped the charge against Baldwin in April. Filming on Rust wrapped earlier this year in Montana.

A status conference in the case is set for January. The case is scheduled to go to trial in February.

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