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    ‘Rust’ Armorer Is Denied New Trial After Dismissal of Alec Baldwin’s Case

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    The armorer’s lawyers failed to convince the judge that the same evidence dispute that led her to toss the actor’s manslaughter charge had deprived their client of a fair trial.A judge in New Mexico declined on Monday to grant a new trial to the armorer in the fatal “Rust” shooting, who had accused the prosecution of suppressing evidence.The armorer, Hannah Gutierrez-Reed, is serving an 18-month prison sentence and had asked to be retried on an involuntary manslaughter charge in New Mexico after the same judge dismissed the case against Alec Baldwin during his trial in July. Judge Mary Marlowe Sommer found then that the state had withheld evidence that could have shed light on how live rounds got onto the film set.On the afternoon of Oct. 21, 2021, Mr. Baldwin was positioning the old-fashioned revolver for a tight camera framing when the weapon discharged, killing the movie’s cinematographer, Halyna Hutchins, and wounding its director. A jury convicted Ms. Gutierrez-Reed, who loaded the gun that day, of manslaughter in March after prosecutors argued that she was reckless in overseeing guns and ammunitions on the set.Judge Marlowe Sommer ruled on Monday that the suppressed evidence that felled the Baldwin case — a set of ammunition that was delivered to law enforcement on the day of the armorer’s conviction — did not warrant dismissal of Ms. Gutierrez-Reed’s trial because her lawyer was aware of and had access to the evidence.The judge wrote that the ammunition “does not qualify, as a matter of law, as material evidence because it was available to defendant in advance of and during trial.”The ruling was a moment of relief for the prosecution after its case against Mr. Baldwin, 66, collapsed under an accusation that state investigators had intentionally withheld the ammunition from them by putting it under a new case number. The accusation led to an extraordinary hearing in which the judge examined the ammunition in the courtroom; the lead special prosecutor, Kari T. Morrissey, called herself as a witness; and the other prosecutor on her team resigned.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Prosecutor Says Manslaughter Case Against Alec Baldwin Should Be Revived

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      The special prosecutor asked a judge in New Mexico to reconsider her decision to toss the charge against the actor during his trial.A prosecutor who oversaw the involuntary manslaughter case against Alec Baldwin has asked a judge in New Mexico to reconsider her dismissal of the charge during the trial.The judge tossed out the case in July after finding that the state had withheld evidence that could have shed light on how live rounds got onto a film set where a cinematographer, Halyna Hutchins, was fatally shot. The judge dismissed the case with prejudice, meaning that it could not be refiled, ending the prosecution of Mr. Baldwin.But in court papers filed on Friday, Kari T. Morrissey, the special prosecutor, sought to persuade Judge Mary Marlowe Sommer to change her mind, arguing that the evidence in question — a batch of rounds brought to law enforcement this year — was irrelevant to whether Mr. Baldwin was criminally culpable for pointing the gun on set that day.“Nothing about the details of how the live rounds were introduced to the set is relevant or material to the charges against Mr. Baldwin,” Ms. Morrissey wrote in the court papers, later writing, “there was no cover-up because there was nothing to cover up.”The dramatic dismissal of the case against Mr. Baldwin prompted the movie’s armorer, Hannah Gutierrez-Reed, to ask for a new trial; she was convicted of involuntary manslaughter in March and sentenced to 18 months in prison.It was the third day of Mr. Baldwin’s manslaughter trial at the Santa Fe County District Courthouse when his lawyers sought the dismissal of the case over the state’s failure to provide it with live ammunition that came from a man named Troy Teske, a friend of Ms. Gutierrez-Reed’s stepfather, Thell Reed, who is a well-known Hollywood armorer.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      The Key Players in Alec Baldwin’s ‘Rust’ Shooting Manslaughter Trial

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      ‎ The actor Alec Baldwin was filming the movie “Rust” in New Mexico in 2021 when the gun that he was rehearsing with, which was not supposed to contain live ammunition, went off, firing a bullet that killed the film’s cinematographer, Halyna Hutchins. The film’s armorer, Hannah Gutierrez-Reed, who was responsible for weapons and ammunition on the set, was convicted of involuntary manslaughter and sentenced to 18 months in prison. Now Mr. Baldwin is going on trial for involuntary manslaughter; he has pleaded not guilty. Opening arguments begin on Wednesday. Here are some key players.The ‘Rust’ ProductionAlec BaldwinRoss D. Franklin/Agence France-Presse — Getty ImagesActor and producerMr. Baldwin, who was playing a grizzled outlaw in “Rust,” has vehemently denied responsibility in the fatal shooting on Oct. 21, 2021, saying that he was told that the old-fashioned revolver he was handed on the set that day was “cold,” meaning that it was not loaded with live ammunition, and adding that it was unthinkable that any live rounds would be on the set. Mr. Baldwin has also said he did not pull the trigger when the gun discharged, but had merely pulled the hammer back and let it go; prosecutors have said that forensic examinations have suggested that he must have pulled the trigger.Hannah Gutierrez-ReedPool photo by Luis Sanchez, via Saturno/EPA, via ShutterstockArmorerAs the armorer, Ms. Gutierrez-Reed was responsible for weapons and ammunition on the “Rust” set; even though there was not supposed to be any live ammunition on the set, she loaded a live round into the revolver that day and failed to catch it when she checked the weapon. She stood trial this year, and a jury convicted her of involuntary manslaughter. Prosecutors argued that she had brought the live rounds onto the set, which she denied. She was sentenced to 18 months in prison — the same maximum sentence that Mr. Baldwin would face if he is convicted. She is appealing the conviction.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Alec Baldwin’s Role as a Producer Ruled Not Relevant to ‘Rust’ Trial

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      The ruling was a victory for the actor, who is set to stand trial this week on a charge of involuntary manslaughter in the fatal shooting of a cinematographer. He has pleaded not guilty.A judge in New Mexico ruled on Monday that Alec Baldwin’s role as a producer of the film “Rust” was not relevant to his upcoming trial for involuntary manslaughter in the fatal shooting of its cinematographer in 2021, dealing a setback to the prosecution.Judge Mary Marlowe Sommer of the First Judicial District in New Mexico ruled that prosecutors could not argue that Mr. Baldwin’s role as a member of the film’s production team — he was one of its producers in addition to being its leading man — had made him more culpable for the death of the film’s cinematographer, Halyna Hutchins.It was a blow to the prosecution, which had sought to make Mr. Baldwin’s role as a producer part of their case. “As the producer he has the power to control safety on set, and there was a tremendous lack of safety on this set,” one of the prosecutors, Erlinda O. Johnson, argued in court earlier on Monday.Mr. Baldwin’s defense has disputed that, saying that as a member of the production team he was involved in creative matters, but that others had authority over hiring and budgets.The judge ruled that the prosecution could not present evidence about Mr. Baldwin’s position as one of the film’s producers.“I’m having real difficulty with the state’s position that they want to show that, as a producer, he didn’t follow guidelines and therefore, as an actor, Mr. Baldwin did all of these things wrong resulting in the death of Ms. Hutchins because as a producer he allowed these things to happen,” Judge Marlowe Sommer said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Judge to Rule Next Week on Whether to Dismiss Alec Baldwin Case

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      During a heated hearing, Mr. Baldwin’s lawyers claimed prosecutors had improperly presented evidence to the grand jury considering the fatal shooting on the set of “Rust.”A judge in New Mexico will rule next week on whether to dismiss the involuntary manslaughter indictment against Alec Baldwin in the fatal shooting of a cinematographer on the “Rust” film set, after she closely questioned the lead prosecutor on Friday about her handling of grand jury proceedings.Lawyers for Mr. Baldwin — who was rehearsing with an old-fashioned revolver on the set in 2021 when it fired a live bullet, killing the cinematographer, Halyna Hutchins — had lodged numerous objections to how the case has been handled, calling the prosecution “an abuse of an innocent person whose rights have been trampled to the extreme.”The defense claimed at a hearing on Friday that the prosecution had not sufficiently shown the jurors evidence that could have supported Mr. Baldwin’s case. That included presenting witnesses who could have bolstered the defense’s contention that Mr. Baldwin had no reason to think that the gun was loaded with live ammunition and that actors are not responsible for gun safety on film sets.“The court can have no comfort in this indictment; it can have no comfort in the way it was procured,” a lawyer representing Mr. Baldwin, Alex Spiro, argued at the hearing, which took place virtually. “It cannot possibly believe it was fair and impartial.”Mr. Baldwin’s lawyers have assigned blame to the movie’s weapons specialist, Hannah Gutierrez-Reed, who was convicted of involuntary manslaughter in a trial this year and sentenced to 18 months in prison, and to the movie’s first assistant director, Dave Halls, who has acknowledged that he failed to properly inspect the gun that day and took a plea deal.Judge Mary Marlowe Sommer of the First Judicial District Courthouse in Santa Fe, N.M., questioned the lead prosecutor in the case, Kari T. Morrissey, on the defense’s complaints about how she had presented the case to the grand jury. The judge pressed Ms. Morrissey on the defense’s claim that she had “steered grand jurors away” from their proposed witnesses.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More