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Relaxed-looking Alec Baldwin strolls into ‘Rust’ shooting pre-trial hearing clutching tote bag ahead of set death case
ALEC Baldwin appeared relaxed when he entered court for his pre-trial hearing on Monday morning.
The Emmy winner walked into a Sante Fe, New Mexico courthouse clutching a tote bag ahead of his trial for the accidental shooting of cinematographer Halyna Hutchins.
The judge on Monday ruled that Baldwin's role as a producer of the film Rust, where the shooting took place, is irrelevant to his charges.
In 2021, Baldwin was charged with involuntary manslaughter after a gun he was holding on the set of his movie accidentally fired and fatally hit Hutchins.
The ruling was a major setback for prosecutors as they planned to present evidence that as a producer, Baldwin held a special responsibility, one that went beyond that of an ordinary actor.
Their argument was going to be that as a producer, Baldwin was responsible for the dangerous environment that led to the fatal shooting.
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“I’m having real difficulty with the state’s position," Judge Mary Marlowe Sommer said.
"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,” the judge continued.
“I’m denying evidence of his status as a producer.”
Baldwin casually stepped out of a black Suburban carrying a Barnes and Noble tote bag.
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The Oscar nominee wore a dark suit with a blue shirt and tie underneath.
He was accompanied by his defense attorney, Alex Spiro.
The 30 Rock star did not address any reporters, Fox News Digital reported.
He was excused from the pre-trial hearing, but he chose to attend anyway.
Baldwin pleaded not guilty but still faces up to 18 months in jail if convicted.
He stands by his original statement that he cocked the gun but didn't pull the trigger.
Judge Mary Marlowe Sommer will be determining what evidence is admissible in his trial.
Jury selection for the case will begin on Tuesday, July 9.
In May, Baldwin's lawyers asked that the charges be dropped against him, arguing that the actor's due process was violated, People reported.
His lawyers claimed that government agents testing the gun deprived the defense of the opportunity to conduct their tests.
“Government agents knew that the firearm would not survive their clumsy ‘tests’ intact. They said so explicitly in emails,” attorneys for Baldwin wrote.
"The insistence of prosecutors eager to prove a celebrity’s guilt, they nevertheless blundered ahead without preserving the original state of the firearm through photographs, video or other means; without informing Baldwin or his counsel they were conducting destructive testing; and without any realistic prospect that bludgeoning the gun would reveal whether Baldwin had pulled the trigger on the day of the accident."
Prosecutors responded to the defendant's argument stating that the condition of the gun was carefully documented before testing and the testing did not violate any due process.
Judge Sommer heard the arguments of the motion in late June and decided to uphold the charges against Baldwin.
"The Court finds and concludes that Defendant fails to establish that the State acted in bad faith when destroying certain internal components of the firearm in the course of the accidental discharge testing," Sommer wrote.
The judge noted that the prosecution "must fully disclose the destructive nature of the firearm testing, the resulting loss, and its relevance and import to the jury."
Only a couple of months prior to Baldwin's attorneys filing a motion to dismiss the charges, Sommer sentenced another member involved in Hutchins' death to 18 months in prison.
Rust armorer, Hannah Gutierrez-Reed, was in charge of the weapons on set and was charged with involuntary manslaughter.
Somer found Gutierrez-Reed guilty, but she is currently appealing the verdict.
For Baldwin to face the same fate as Gutierrez-Reed, prosecutors must prove negligent use of the firearm by Baldwin and that the actor acted with total disregard for the safety of others, CBS News reported.
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Defense attorneys for the actor are expected to argue that it is not the job of an actor to make sure real rounds are not in his gun, an argument supported by the Screen Actors Guild.
Baldwin's trial is set to begin as early as Wednesday and will most likely end next Friday.