Alec Baldwin will not be called to testify against Hannah Gutierrez Reed’s “Rust” shield, according to a witness list filed on Dec. 14.
Gutierrez Reed faces charges of involuntary manslaughter and tampering with evidence after the gun he was handling on the set of the movie “Rust” discharged, killing cinematographer Halyna Hutchins on Oct. 21. 2021.
Baldwin was holding the gun at the time of the accidental discharge.
Baldwin’s removal from the state’s witness list in Gutierrez Reed’s upcoming trial suggests a “formal decision” has not been made on whether to bring new charges against the actor, legal experts tell Fox News Digital
The state government filed the 13th amendment witness list on December 14. Baldwin has been removed from all 13 lists, while others such as assistant director Dave Halls, director Joel Souza and other crew members will take the stand once Gutierrez Reed’s trial begins on Feb. 21, according to documents obtained by Fox News Digital.
“The current witness list is a thirteenth amendment witness list submitted by the state, and it is my understanding that Baldwin was not on any previous list,” explained Kate Mangels, a partner at Kinsella Holley Iser Kump Steinsapir LLP (KHIKS). . “But the fact that he is not on the witness list shows that an official decision has not been made.”
A formal decision on whether to charge Alec Baldwin has not been made by prosecutors because he was left off the witness list for Hannah Gutierrez Reed’s upcoming shield trial, according to legal experts. via REUTERS
“If the state had officially determined that Baldwin would not be charged or had reached an agreement with him like they did with the first assistant director, Baldwin would probably be on their list.”
The prosecution did not respond to Fox News Digital’s request for comment.
Baldwin could also inform the prosecution that he plans to exercise his right not to incriminate himself, legal experts explained.
Hannah Gutierrez Reed faces involuntary manslaughter charges and tampering with evidence Voices of the West/Facebook Hannah Gutierrez-Reed, right, speaks with a sheriff’s deputy as another colleague stands with her on the set of the movie “Rust,” shortly after the fatal shooting of Halyna Hutchins during a rehearsal on Oct. 21 2021, in New Mexico. AP
“I am not surprised that Baldwin is not on the state’s witness list. That means one of two things,” former federal prosecutor Neama Rahmani told Fox News Digital. “The state plans to prosecute him. Co-defendants are not usually called as witnesses unless they are given some agreement to testify.”
“Or Baldwin’s attorney has told prosecutors that Baldwin will appeal the Fifth if subpoenaed,” he added. “It is considered improper to call witnesses only so that they may invoke their right to remain silent.”
If Baldwin pleads on the 5th, his testimony would not offer any “useful” information to the state’s case against Gutierrez Reed, according to Mangels.
Experts say Alec Baldwin could also inform the prosecution that he plans to waive his right not to incriminate himself. James Keivom
“Because Baldwin is potentially indicted again, he will likely assert his Fifth Amendment right to remain silent in response to any questions related to the Gutierrez Reed matter,” he said. “Therefore, it is highly unlikely that his testimony will offer any useful information to the state.”
“The state probably felt that they would get enough evidence about Baldwin’s role as it related to Gutierrez Reed’s role from other people in the case,” Mangels continued. “They can then avoid going through the process of calling Baldwin to the witness stand just to have him assert his Fifth Amendment rights.”
A representative for Baldwin did not immediately respond to Fox News Digital’s request for comment.
Halyna Hutchins is seen working on the set of “Rust.” Facebook
Baldwin was originally charged with involuntary manslaughter in January. However, special prosecutors Kari Morrissey and Jason Lewis announced the state had dropped Baldwin’s charges in April because “new facts” had come to light that warranted further investigation.
In their motion to dismiss, the special prosecutor stated that further investigation and necessary forensic analysis could not be completed before Baldwin’s preliminary hearing, which had been scheduled for May 3.
The case has been closed in New Mexico’s First Judicial District Court, but Baldwin could potentially still face new charges in the future.
Halyna Hutchins’ mother, father and sister have filed a lawsuit against Alec Baldwin for being responsible for her death. VIA REUTERS
In October, Morrissey and Lewis announced that they planned to convene a grand jury to decide whether new charges should be brought against Baldwin.
“After a thorough investigation over the past several months, additional facts have come to light that we believe indicate Mr. Baldwin was criminally culpable in the death of Halyna Hutchins and the shooting of Joel Souza,” New Mexico’s special prosecutor told Fox News Digital at the time.
“We believe the appropriate course of action is to allow a panel of New Mexicans to determine from here whether Mr. Baldwin should be held for criminal trial.”
However, it is unclear whether a grand jury has been summoned since the announcement due to the traditionally secret nature of court proceedings.
Baldwin still faces several civil lawsuits, including one brought by “Rust” script supervisor Mamie Mitchell, along with others by Hutchins’ mother, father and younger sister. The plaintiff is represented by attorney Gloria Allred.
“Mr. Baldwin should know that we remain committed to fighting and winning for our clients and holding him accountable for pointing a gun at Halyna Hutchins, pulling the trigger and killing her,” Allred said in a statement. “Mr. Baldwin may pretend that he was not responsible for pulling the trigger and firing the live bullet that ended Halyna’s life.”
“He can run away to Montana and pretend that he’s just an actor in a wild west movie but, in real life, he can’t escape the fact that he has a major role in a tragedy that has real-life consequences for Halyna, her mother, father. , sister, and colleagues,” continued the statement.
Amid the legal drama, Baldwin, the cast and crew finished filming “Rust” in May.
“It is a long and difficult road. But we come to the end of the line today. Congratulations to Joel, Bianca and the entire cast and crew,” said Baldwin, referring to Joel Souza, the original director of the western, and Bianca Cline, the new cinematographer.
“Nothing short of a miracle,” he added.
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Source: thtrangdai.edu.vn/en/
