Still of Alec Baldwin from footage taken by Halyna Hutchins before she was shot and killed on the set of Rust. Photo / Sante Fe County Sheriff
Still of Alec Baldwin from footage taken by Halyna Hutchins before she was shot and killed on the set of Rust. Photo / Sante Fe County Sheriff
Prosecutors want the armourer from the ill-fated production of Rustto be forced to testify at actor Alec Baldwin’s upcoming trial.
Baldwin, 68, has been charged with involuntary manslaughter after the prop gun he was holding discharged and killed cinematographer Halyna Hutchins on the set of thewestern film in October 2021, and the court has been asked to order Hannah Gutierrez-Reed - who is serving an 18-month jail sentence after being convicted of the same charge in March - to give evidence.
The weapons expert, who has appealed her conviction, appeared on recent witness lists submitted to the court by Baldwin’s team ahead of his trial next month.
A motion filed by special prosecutors Kari T Morrissey and Erlinda Johnson and obtained by People magazine stated: “Presumably defendant Baldwin named Gutierrez as a witness so his counsel can obtain potentially exculpatory information.”
However, during a pre-trial interview on May 14, Gutierrez-Reed “asserted her Fifth Amendment privilege to all substantive questions”.
The Fifth Amendment to the US Constitution allows a person to exercise their right to remain silent and not incriminate themselves.
As a result, the special prosecutors are asking the court to grant “use immunity”, which would mean whatever Gutierrez-Reed said during the trial couldn’t be used against her during her own appeal.
They warned: “[If Gutierrez-Reed] is not granted use immunity the defendant will likely attempt to have her previous statements admitted … This requires the defendant to demonstrate that Ms Gutierrez is unavailable due to the assertion of her Fifth Amendment privilege.”
This would mean Baldwin’s lawyers could use clips of Gutierrez-Reed in her previous police interviews, rather than putting her on the stand in court.
Baldwin has insisted he never pulled the trigger and did not know the gun mistakenly contained live ammunition, and legal expert Emily D Baker, a former Deputy District Attorney, explained he would benefit from this.
She explained to People: “In her interviews, she [Gutierrez-Reed] is very clear saying she should have checked [the gun] better.
Hannah Gutierrez-Reed during her sentencing hearing in Santa Fe, New Mexico, in April 2024. Photo / AP
“Those types of statements where she’s accepting responsibility [are helpful].”
She explained why adding Gutierrez-Reed to the witness list was a shrewd move.
She said: “She would be able to plead the Fifth, is then unavailable and then he can use some of the clips.”
But if only interview clips are shown, prosecutors would be unable to question Gutierrez-Reed and get testimony that would potentially help their case.
Cinematographer Halyna Hutchins died after being shot by Alec Baldwin on the set of the movie "Rust". Photo / Getty Images
The motion stated: “Ms Gutierrez would testify that Mr Baldwin was inattentive during the firearms training session she conducted with him [and] would become upset and have emotional fits.
“The jury should hear all of the information Ms Gutierrez has regarding Mr Baldwin.”
Jason Bowles, one of Gutierrez-Reed’s attorneys, pledged to oppose the motion.
