SANTA FE, N.M. (AP) 鈥 A New Mexico judge denied a request Friday to use immunity to compel testimony from a movie set armorer in the involuntary manslaughter trial of actor Alec Baldwin who fatally shot a cinematographer during rehearsal for the Western movie 鈥淩ust."
was convicted in March of involuntary manslaughter for her role in the shooting of Halyna Hutchins on a movie-set ranch and she was . Her statements to investigators and workplace safety regulators will likely feature prominently in Baldwin's trial, scheduled for July.
Further testimony could be limited by the armorer's reluctance to testify, and Judge Mary Marlowe Sommer said Friday that other witnesses can fill in most of the gaps if she doesn't testify. At a pretrial interview in May, Gutierrez-Reed exercised her Fifth Amendment right against self-incrimination and declined to answer all questions.
鈥淚t's pretty clear that she does not intend to cooperate,鈥 Marlowe Sommer said. 鈥淚 haven鈥檛 heard of anything that she might testify to that someone else could not testify to."
But the judge acknowledged that Gutierrez-Reed could offer new testimony about gun-safety training and whether Baldwin fully participated.
Special prosecutor Kari Morrissey indicated that the state could still call on Gutierrez-Reed to testify without immunity. Baldwin and Gutierrez-Reed both oppose efforts to compel her testimony.
Baldwin figured prominently at her trial, which highlighted gun-safety protocols and his authority as a co-producer and the lead actor on 鈥淩ust.鈥
Gutierrez-Reed and has also been charged separately with carrying a firearm into a Santa Fe bar weeks before the fatal shooting.
An attorney for Gutierrez-Reed said compelling her to testify, even with immunity, would 鈥渧irtually eliminate鈥 the possibility of a fair trial on the pending firearms charge and could disrupt her appeal.
The virtual hearing also cleared the way for testimony at trial by a 鈥淩ust鈥 crew member who says he witnessed the shooting at close range.
In a recent pretrial interview, boom operator Zac Sneesby 鈥渞evealed that he was standing very close to Mr. Baldwin when he shot and killed Halyna Hutchins,鈥 special prosecutor Erlinda Ocampo Johnson told the court Friday. 鈥淢r. Sneesby specifically said he saw Mr. Baldwin pull the trigger. And as you know, the defense position has always been that he didn鈥檛 pull the trigger. Well, now there鈥檚 an eyewitness.鈥
Also during Friday's hearing, Marlowe Sommer ruled against a request by defense attorneys to dismiss the trial because they said Baldwin had no reason to believe the gun could contain live ammunition and wasn't 鈥渟ubjectively aware鈥 of the risks.
The court delayed until Monday discussion of a second motion for dismissal based on the argument that the firearm was heavily damaged during FBI forensic testing before it could be examined for possible modifications that might exonerate the actor.
鈥淭he government took the most critical evidence in this case 鈥 the firearm 鈥 and destroyed it by repeatedly and pointlessly striking it with a mallet,鈥 defense attorneys said in court filings. 鈥淕overnment agents knew that the firearm would not survive.鈥
Attorneys for Baldwin are highlighting a previously undisclosed expert analysis that outlines uncertainty about the origin of 鈥渢oolmarks鈥 on the gun's firing mechanism. The hearing is scheduled to reconvene Monday.
During the fatal rehearsal on Oct. 21, 2021, Baldwin was pointing the gun when it went off, killing her and wounding director Joel Souza, who survived. Baldwin says he pulled back the gun鈥檚 hammer but did not pull the trigger.
Prosecutors plan to present evidence at trial that they say shows the firearm 鈥渃ould not have fired absent a pull of the trigger鈥 and was working properly before the shooting.
At Gutierrez-Reed鈥檚 trial, the gun was when it arrived at an FBI laboratory. The expert said he had to strike the fully cocked gun with a mallet and break it for the gun to fire without depressing the trigger.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison.
Marlowe Sommer previously rejected another Baldwin motion for dismissal, ruling that the grand jury was able to make an independent judgement on the indictment.
Last year, special prosecutors against Baldwin, saying they were informed the gun might have been modified before the shooting and malfunctioned. But they pivoted after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
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The spelling of the first name of special prosecutor Kari Morrissey has been corrected.
