Judge to decide on Alec Baldwin’s motion to get charge dismissed in ‘Rust’ shooting case

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SANTA FE, N.M. (KRQE) – A hearing on a motion to dismiss an indictment against “Rust” actor and co-producer Alec Baldwin took place in New Mexico district court on Friday.

New Mexico state special prosecutor Kari Morrissey and Baldwin’s defense attorneys, Alex Spiro and Luke Nikas, presented their sides to Judge Mary Marlowe Sommer, who ultimately decided to issue her decision on the motion next week.

Baldwin faces an involuntary manslaughter charge for the shooting death of “Rust” cinematographer Halyna Hutchins on a movie set near Santa Fe in October 2021. Baldwin reportedly pointed a prop gun at Hutchins during a rehearsal when it went off, killing her and injuring director Joel Souza.


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Baldwin’s attorneys filed the motion to dismiss the indictment against him, citing claims that the prosecution violated several rules. They claim the prosecution acted unethically and did not present crucial evidence or instructions to the grand jury. “This is a homicide case, prosecutors should be required to do better than this,” said Spiro, during Friday’s hearing.

Morrissey denied the claims and said that prosecutors went “above and beyond” in grand jury proceedings. and that the jury did receive proper instruction on what power they had. “Mr. Spiro is intentionally trying to misrepresent and mislead this court,” said Morrisey during the hearing.

Friday’s hearing took place virtually at 10 a.m. and ended shortly before 12:30 p.m.

Baldwin pleaded not guilty to the charge and is set to go to trial in July. He was originally charged in the shooting last year, but charges were dropped.

“Rust” movie armorer Hannah Gutierrez was found guilty of involuntary manslaughter in March for the death of Hutchins. Judge Mary Marlowe Sommer sentenced Gutierrez to 18 months in prison in April. Gutierrez’s lawyers filed a notice of appeal in an attempt to overturn her conviction on Monday.

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