A New Mexico judge is set to decide at a hearing on Friday whether to compel a movie set armorer to testify at actor Alec Baldwin's involuntary manslaughter trial. The trial stems from the fatal shooting of cinematographer Halyna Hutchins during a rehearsal for the movie “Rust” nearly three years ago.
Prosecutors are seeking a court order for the armorer, who was previously convicted of involuntary manslaughter in relation to the shooting, to testify with immunity. They argue that her testimony is crucial for the trial, as it involves gun-safety protocols and Baldwin's role as a co-producer and lead actor on the film.
Both Baldwin and the armorer oppose efforts to compel her testimony. During a pretrial interview, the armorer invoked her Fifth Amendment right against self-incrimination and declined to answer questions. Her attorneys argue that forcing her to testify, even with immunity, could impact the fairness of any potential appeal or retrial.
Additionally, the defense has raised concerns about the destruction of critical evidence in the case — the firearm involved in the shooting. They claim that the gun was heavily damaged during FBI forensic testing, potentially affecting the ability to examine it for modifications that could exonerate Baldwin.
The fatal incident occurred during a rehearsal when Baldwin was pointing the gun at Hutchins. Baldwin maintains that he did not pull the trigger but instead pulled back the gun’s hammer. Prosecutors plan to present evidence showing that the firearm was in working order before the shooting and could not have fired without a trigger pull.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison. The judge previously rejected a motion to dismiss the case, ruling that the grand jury had made an independent judgement on the indictment.
Last year, prosecutors initially dismissed the involuntary manslaughter charge against Baldwin based on information about possible modifications to the gun. However, they later pursued a grand jury indictment after receiving new analysis of the firearm.
