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‘Rust’ defense prepares motion to dismiss manslaughter case

INBV News by INBV News
March 23, 2023
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‘Rust’ defense prepares motion to dismiss manslaughter case
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A picture of cinematographer Halyna Hutchins, who died after being shot by Alec Baldwin on the set of his movie “Rust”, is displayed at a vigil in her honour in Albuquerque, Recent Mexico, October 23, 2021.

Kevin Mohatt | Reuters

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Defense attorneys for the unique “Rust” movie armorer, Hannah Gutierrez-Reed, are planning in the subsequent two weeks to file a motion to dismiss the criminal charges against her, based on an individual acquainted with the matter.

“Rust” star and producer Alec Baldwin can be charged within the case. If approved, the dismissal motion on behalf of Gutierrez-Reed wouldn’t routinely drop the costs against Baldwin, based on one other person acquainted with the matter.

Each people declined to be named because of the sensitive nature of the proceedings.

Baldwin’s lawyers couldn’t be reached for comment.

Baldwin, known for roles in “The Hunt for Red October” and “Beetlejuice,” and Gutierrez-Reed are each facing two counts of involuntary manslaughter charges for the fatal on-set shooting of cinematographer Halyna Hutchins in October 2021. Baldwin, who has pleaded not guilty, was holding the gun that fired the bullet that killed Hutchins. Gutierrez-Reed also pleaded not guilty, based on the district attorney.

A jury will determine which count of involuntary manslaughter applies on this case. Either count carries as much as 18-month sentences.

The dismissal motion would follow a series of missteps by the Santa Fe prosecutors trying the case. Most recently, The Recent York Times reported that the case’s former special prosecutor, Andrea Reeb, suggested in a June 9, 2022, email that working on the case could help her political profession.

“Sooner or later though, I’d not less than wish to get on the market that I’m assisting you…as it would help my campaign lol,” Reeb said in an email to Recent Mexico First Judicial District Attorney Mary Carmack-Altwies, the Times reported Tuesday.

“I’m aspiring to either introduce you or send it in a press release after we get the investigation!” Carmack-Altwies responded. The DA’s office didn’t reply to a request for comment on Tuesday.

Reeb was announced as special prosecutor in August, and she or he was elected to Recent Mexico’s legislature last fall. She stepped down as special prosecutor last week after Baldwin’s defense team sought to disqualify her. Gutierrez-Reed’s attorneys co-signed that motion. They argued her work on the case violated Recent Mexico’s structure since she was concurrently serving as a prosecutor and a legislator.

Following the discharge of the emails, Baldwin’s attorneys said in Tuesday court filings that they now reserve the long run right to argue that “Reeb charged the case to advance her political profession.” They added that it’s “an additional abuse of the system and yet one more violation of Mr. Baldwin’s constitutional rights.”

Alec Baldwin on Oct 7, 2021 on the Hamptons International Film Festival.

Mark Sagliocco | Getty Images Entertainment | Getty Images

In response to Baldwin’s court claims, Reeb told CNBC that the involuntary manslaughter charges “weren’t politically motivated.”

“I used to be already elected on the time charging decisions were made. Mr. Baldwin’s attorneys proceed to deflect their client’s situation onto everybody else … ignoring Mr. Baldwin’s own responsibility for his actions,” Reeb added.

The prosecution also had previously walked back a so-called “firearm enhancement” charge, which carries a compulsory five-year prison sentence, after Baldwin’s defense identified that the law was not in effect on the time of the shooting.

Further, the DA’s office has made a series of heated public statements that some lawyers have said could bias a jury pool against Baldwin. For instance, after the firearm enhancement charge was dropped, the DA’s office spokesperson said: “The prosecution’s priority is securing justice, not securing billable hours for big-city attorneys.”

The DA’s office has not yet announced who will take over Reeb’s position as special prosecutor on the case, but Baldwin’s lawyers also said they reserve the precise to challenge the long run appointment.

Baldwin and other producers on the film are also up against a civil suit filed by Hutchins’ mother, father and sister.

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