Alec Baldwin’s role as co-producer not relevant to fatal shooting trial – judge

They had planned to present evidence that as a producer, Baldwin bore a special responsibility — well beyond that of the actor holding the gun — for the dangerous environment that led to the fatal shooting of cinematographer Halyna Hutchins during a rehearsal.

Judge Mary Marlowe Sommer said: “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 that resulted in the death of Ms Hutchins because as a producer he allowed these things to happen.

“I’m denying evidence of his status as a producer.”

Special prosecutor Erlinda Johnson argued unsuccessfully to allow evidence that Baldwin’s “role as a producer made him keenly aware of his responsibilities on set” for safety.

“It goes to Mr Baldwin’s knowledge, knowing that his conduct on set was negligent,” she said.

In the courtroom, Baldwin sat between lead attorneys Luke Nikas and Alex Spiro. He appeared to listen intently, taking occasional notes on a yellow legal pad and handing written messages to an attorney. Baldwin wore glasses and close-cropped hair.

The trial starts on July 9 with jury selection and is scheduled to last 10 days.

Last week, the judge cleared the way for crucial firearms experts for the prosecution to testify about Baldwin’s handling of the revolver and whether the gun was functioning properly prior to the fatal shooting.

On Monday, the judge sided with prosecutors to exclude at trial the summary findings from a state workplace safety investigation that places much of the blame on assistant director Dave Halls.

Halls has pleaded no contest to negligent use of a firearm and may be called to testify at Baldwin’s trial.

Prosecutors say that the workplace safety investigation was incomplete, unreliable and glossed over Baldwin’s responsibilities in the fatal shooting.

Rust Movie Productions paid a 100,000 dollar fine (£77,995) to resolve violations of state safety regulations that were characterised as “serious” but not wilful, under a 2023 settlement agreement.

Several witnesses to the workplace safety investigation are likely to be called to testify at Baldwin’s trial.

Prosecutors also will be able to present graphic images of Ms Hutchins’ injuries from an autopsy report at trial, as well as police lapel camera video of the immediate aftermath of the shooting as medics arrived on set to treat the wounded Ms Hutchins and Joel Souza, the director who was wounded in the incident.

Baldwin is charged with a single felony count of involuntary manslaughter punishable by up to 18 months in prison if he’s convicted.

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

In October 2021, Baldwin was rehearsing a cross-draw manoeuvre with the revolver when the gun went off, killing Ms Hutchins and wounding Mr Souza.

Baldwin has pleaded not guilty and claims the gun fired accidentally after he followed instructions to point it toward Ms Hutchins, who was behind the camera.

Unaware the gun contained a live round, Baldwin said he pulled back the hammer — not the trigger — and it fired.

Baldwin’s lawyers also successfully sought to prevent the discussion of fatal gun incidents on movie sets from the trial, including the death of actor Brandon Lee.

Mr Lee died from a fatal shot to the abdomen while filming a scene from The Crow in 1993. In that instance, a makeshift bullet was mistakenly left in a gun from a previous scene and struck Lee during filming for a scene that called for blank rounds.

Prosecutors have agreed not to illicit testimony about The Crow, but contend that Baldwin knew about safety risks posed by guns — even when live rounds are not present.

Ms Marlowe Sommer said she will allow just a single reference at trial to the fact that blank rounds without a projectile can be fatal.

Attorneys for Baldwin argue that it was inconceivable that live rounds would wind up on set.

Prosecutors want to exclude a letter signed by crew members that disputes the characterisations of the “Rust” set as chaotic or dangerous prior to the fatal shooting.

Another pretrial motion might defuse snipping between the prosecution and defence teams.

Prosecutors want the judge to preclude accusations of “prosecutorial misconduct” and “personal attacks.”

Ms Marlowe Sommer said discussion at trial of prosecutorial misconduct will be limited to testimony analysis of the gun in the fatal shooting and FBI forensic testing that damaged the firing mechanism.

Defence attorneys argue that the testing may have destroyed possible exculpatory evidence.

The judge also ruled that evidence and arguments designed to garner sympathy for Baldwin will not be allowed at trial, including indications of remorse or the impact of events on his family.

Prosecutors say those arguments have no bearing on determining guilt.

Baldwin is a three-time Emmy winner who has gone from star and leading man to bit player to scene stealer, at times going years without a major role in a hit film or show.

However, he has remained a household name for nearly 35 years, largely on the strength of his real-life personality: as an outspoken liberal, talk-show guest and the king of all Saturday Night Live hosts.