Jury selection for Alec Baldwin’s manslaughter trial is scheduled to begin Tuesday, as the actor faces the felony charge in connection with the shooting that occurred on the set of the movie “Rust” in 2021 while he was holding the gun that fired the fatal shot.
Baldwin, 66, who was also a producer on the movie filmed in Santa Fe, New Mexico, was practicing a cross-draw when the Colt .45 revolver fired a live round, striking and killing 44-year-old cinematographer Halyna Hutchins. He was indicted by a grand jury on involuntary manslaughter linked to Hutchins’ death earlier this year, after prosecutors previously dropped the charge, and has pleaded not guilty.
Prosecutors were seeking to argue during the trial that Baldwin bore responsibility as a producer for unsafe conditions on the set. However, Judge Mary Marlowe Sommers ruled against prosecutors during a pre-trial evidence hearing on Monday.
Baldwin has maintained that he did not pull the trigger of the firearm, though the FBI’s forensic report concluded the gun could not have been fired without pulling the trigger.
Erlinda Ocampo Johnson, a prosecutor on the case, argued it was relevant to demonstrate to the jury that as a producer Baldwin was “aware of his safety obligations” and “has the power to control safety on set” during the hearing.
Although Sommer said the probative value was “not substantially outweighed by unfair prejudice and certainly confusion of issues to the jury.” Among other evidentiary rulings, the judge said footage from the “Rust” set showing Baldwin’s handling of the firearm can be admitted into evidence in trial, but that videos of him yelling or cursing at the crew to hurry up were not relevant in the case.
Sommer also denied a request last month from the state to use immunity to compel testimony from the film’s armorer, Hannah Gutierrez, during Baldwin’s trial. Gutierrez, 27, was found guilty of involuntary manslaughter in connection with the shooting and sentenced to 18 months (the maximum sentence) in prison back in April, but appealed her conviction in May. She could still be called to testify but would speak without immunity.
Jury selection is expected to last one day, with the trial scheduled through July 19. Baldwin’s defense team filed several motions seeking to dismiss his indictment leading up to the trial, which were all denied.