Pretrial hearing sets stage for Alec Baldwin’s arrival in court in fatal shooting of cinematographer

A New Mexico judge is preparing to try the involuntary manslaughter case against actor Alec Baldwin, who shot and killed a cameraman on the set of a Western.

Judge Mary Marlowe Sommer will consider a series of motions from prosecutors and defense attorneys that could restrict the evidence, testimony and arguments the court hears before a jury. The preliminary hearing Monday in Santa Fe is expected to last much of the day. Baldwin’s attorneys have waived his appearance at all pretrial hearings.

Baldwin’s trial begins on July 9 with the selection of the jury and is expected to last 10 days.

Last week, the judge cleared the way for key firearms experts to testify on behalf of the prosecution about Baldwin’s handling of the revolver and whether the weapon was functioning properly before the fatal shooting.

Defense attorneys have asked the judge to throw out Baldwin’s secondary role as a co-producer of “Rust,” arguing it is irrelevant to the negligence charge and could confuse jurors. Prosecutors disagree, saying it was likely Baldwin’s overbearing role as a producer that emboldened him to act recklessly and disregard the safety of others by allegedly violating gun safety protocols.

The defense and prosecutors disagree about Baldwin’s contractual authority as a producer over crew members who dealt with weapons and safety.

Prosecutors argue that the state’s investigation into workplace safety, which found serious violations on set, was incomplete and unreliable and therefore should not be included in the trial.

Baldwin is charged with one felony count of involuntary manslaughter. If convicted, he could face up to 18 months in prison.

Hannah Gutierrez-Reed, the gunsmith on set, was convicted of involuntary manslaughter in the death of camerawoman Halyna Hutchins and sentenced to 18 months in prison. She is appealing the conviction.

In October 2021, Baldwin was practicing a cross-draw maneuver with the revolver when the gun discharged, killing Hutchins and wounding director Joel Souza.

Baldwin has pleaded not guilty, claiming the gun accidentally discharged after he followed instructions to point it at him. Hutchins, who was behind the cameraBaldwin said that without knowing there was a live bullet in the gun, he pulled the hammer (not the trigger) and the gun went off.

Baldwin’s lawyers also want the trial to be free of any discussion of the death of actor Brandon Lee by a fatal shot to the abdomen during the filming of a scene from “The Crow” in 1993. In that case, there was an impromptu bullet accidentally left in gun from an earlier scene and hit Lee during the filming of a scene that required the use of blanks.

Prosecutors have agreed to withhold testimony about “The Crow” but also allege that Baldwin knew about the safety risks of guns, even when no live rounds were present. Lawyers for Baldwin argue that it was unthinkable that live rounds would have ended up on the set.

The prosecution wants to exclude a letter signed by crew members that disputes the characterization of the “Rust” set as chaotic or dangerous before the fatal shooting.

Prosecutors also want to exclude from the trial the findings of the safety investigation into the fatal shooting, which largely blames Assistant Chief Dave Halls. Halls has pleaded guilty to negligent use of a firearm and could be called to testify at Baldwin’s trial.

Rust Movie Productions paid a $100,000 fine to resolve violations of state security regulations that were characterized as “serious” but not intentional, under a 2023 plea agreement. Prosecutors say the investigation’s conclusions are easily contradicted by more reliable information.

Baldwin’s lawyers say the report cannot be excluded as evidence and that occupational safety official Lorenzo Montoya should be allowed to testify at trial.

Another pretrial motion could ease tensions between the prosecution and defense. The prosecution wants the judge to rule out allegations of “prosecution misconduct” and “personal attacks.”

Prosecutors also want the judge to exclude evidence and arguments that seek to generate sympathy for Baldwin, including evidence of remorse or the impact of the events on his family. They argue that such evidence is not relevant to determining guilt.