A New Mexico judge has informed the district attorney overseeing the “Rust” movie-set shooting case that she cannot appoint a new special prosecutor and remain on the case herself, adding to a series of potential setbacks for the prosecution. The judge’s comments come after the armorer charged in the 2021 shooting filed a motion to block the appointment of a new special prosecutor after the previous one resigned.
Hannah Gutierrez-Reed, the armorer, and actor Alec Baldwin were criminally charged in January for the fatal shooting of cinematographer Halyna Hutchins. Baldwin have pleaded not guilty to the charges and Gutierrez-Reed is expected to do the same.
Legal errors have beset the prosecution since the charges were filed, with defense lawyers consistently seeking to weaken the prosecution’s case. Lawyers for Gutierrez-Reed also sought to stop Santa Fe District Attorney Mary Carmack-Altwies from acting as a co-prosecutor in the case, as she previously did.
District court Judge Mary Marlowe Sommer informed Carmack-Altwies that the statute underpinning the use of a special prosecutor only allows for one to be appointed if a district attorney has “good cause” not to take part in a prosecution themselves. She stated that “You cannot use it unless you’re not going to prosecute.” The judge scheduled another hearing for Friday.
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Carmack-Altwies argued that she still planned to use the statute to appoint a special prosecutor, stating that her office was understaffed and could not handle the “massive amounts of time” required for the “Rust” case on top of its existing workload.
On March 15, Andrea Reeb, a Republican state representative who was serving as the special prosecutor in the case, resigned after Baldwin’s lawyers argued that serving in two branches of government simultaneously was unlawful and could lead to a conflict of interest.
Carmack-Altwies has only five weeks to appoint a new special prosecutor before the May 2 preliminary hearing. During this hearing, Marlowe Sommer will decide whether there is probable cause to try Gutierrez-Reed and Baldwin.
The incident occurred when a revolver that Baldwin was rehearsing with fired a live round, killing Hutchins and injuring “Rust” director Joel Souza.
The case has gained significant attention in the media and has sparked a debate about safety on movie sets. The shooting has led to calls for stricter safety protocols and for the film industry to prioritize safety above all else.
The outcome of the “Rust” case is uncertain, with legal complications and potential conflicts of interest causing issues for the prosecution. The defense team is working hard to weaken the prosecution’s case, and it remains to be seen whether the judge will rule that there is sufficient evidence to proceed to trial. As the case continues to unfold, it will be closely watched by those in the film industry and beyond.