The status hearing ended with the defense and prosecution deciding on key dates and deadlines in the fatal "Rust" shooting cases.The attorney for armorer Hannah Gutierrez-Reed was in attendance virtually Thursday afternoon. "Rust" producer and actor Alec Baldwin was expected to attend before a judge approved a waiver for his appearance virtually. Here are the key dates and deadlines that were laid out to the court:March 27: Is the date the court will hear a motion for disqualification of special prosecutor Andrea Reeb April 17: The deadline set for the planned witness listMay 3-17: The preliminary hearing will begin Wednesday, May 3. It is expected to last two weeks, and the early May start date was agreed on by both the defense and prosecutionAttorneys appeared virtually before a judge at 2:30 p.m. The hearing showed where each side stands ahead of a potential trial, according to KOAT legal expert John Day.“The status hearing is a way for the judge to check in with the defense and the prosecution to see where things stand,” Day said.Alex Spiro, an attorney for Baldwin told the judge, a key piece of evidence in this case has been destroyed."I don't think the court is aware, but I think I should tell the court that the firearm in this case, the great subject of it, was destroyed by the state. That is obviously an issue. We are going to have to see that firearm or what's left of it," Spiro said.However, a spokesperson for the First Judicial District Attorney's Office provided a statement to the Baldwin defense's claim regarding the firearm:"The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review. "The defense's unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI's July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI's functionality testing. However, the gun still exists and can be used as evidence." Day told KOAT there could be a valid reason for this, but regardless, it is not a good look for the prosecutor."You have to assume that the destruction was probably part of the testing process or whatever took place. The problem is then, is what that looks like if this case gets to a trial. Most times you want to have the actual evidence to hold in front of a jury," Day said. "They got to be able to explain what happened. And of course, the defense is going to make is going to address that and say, why isn't that gun here? What happened is this raise questions in the minds of the jurors about, you know, what's really going on. So I think it's it's unfortunate. If you're the prosecutor, you want to actually have that piece of evidence to show those jurors."KOAT looked at the FBI testing report the District Attorney's Office mentioned.On page four, it reads this:"With the hammer in the full cock position, Item 2 could not be made to fire without a pull of the trigger while the working internal components were intact and functional. During this testing, portions of the trigger sear and cylinder stop fractured while the hammer was struck. The fracture of these internal components allowed the hammer to fall and the firing pin and detonated the primer. This was the only successful discharge during this testing and it was attributed to the fracture of internal components, not the failure of the firearm or safety mechanisms."Item 2 is a .45 Colt (.45 Long Colt), accorinding to the report.Baldwin and Gutierrez-Reed are facing two felony charges of involuntary manslaughter for their roles in the shooting death of cinematographer Halyna Hutchins in 2021.Judge Mary Marlowe Sommer approved Baldwin's waiver to appear in court Thursday morning. The conditions for Baldwin that were approved was the understanding of the charges he faces in the fatal movie set shooting.If both sides, the defense and the prosecution, are ready and set, the judge will move the case forward. If not, another status hearing could be set for either Baldwin or Gutierrez-Reed. Related Rust shooting stories 'Rust' crew members file lawsuit against Alec Baldwin and film companiesDefense attorney made contributions to 'Rust' special prosecutorRust to continue filming in Montana Breakdown of the gun used in the deadly movie set shooting A preliminary hearing would need to be set within 60 days of the first appearance. “I would say April May is about when we can expect this judge to set this,” Day said.Originally, "Rust" assistant director David Halls was expected in court to plead guilty to a misdemeanor charge of negligent use of a firearm. He was going to be in court Wednesday before his hearing was delayed to later this month. Halls accepted a plea deal, which could see him testify if Gutierrez-Reed or Baldwin go to a trial.
SANTA FE, N.M. —
The status hearing ended with the defense and prosecution deciding on key dates and deadlines in the fatal "Rust" shooting cases.
The attorney for armorer Hannah Gutierrez-Reed was in attendance virtually Thursday afternoon. "Rust" producer and actor Alec Baldwin was expected to attend before a judge approved a waiver for his appearance virtually.
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Here are the key dates and deadlines that were laid out to the court:
- March 27: Is the date the court will hear a motion for disqualification of special prosecutor Andrea Reeb
- April 17: The deadline set for the planned witness list
- May 3-17: The preliminary hearing will begin Wednesday, May 3. It is expected to last two weeks, and the early May start date was agreed on by both the defense and prosecution
Attorneys appeared virtually before a judge at 2:30 p.m. The hearing showed where each side stands ahead of a potential trial, according to KOAT legal expert John Day.
“The status hearing is a way for the judge to check in with the defense and the prosecution to see where things stand,” Day said.
Alex Spiro, an attorney for Baldwin told the judge, a key piece of evidence in this case has been destroyed.
"I don't think the court is aware, but I think I should tell the court that the firearm in this case, the great subject of it, was destroyed by the state. That is obviously an issue. We are going to have to see that firearm or what's left of it," Spiro said.
However, a spokesperson for the First Judicial District Attorney's Office provided a statement to the Baldwin defense's claim regarding the firearm:
"The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review.
"The defense's unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI's July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI's functionality testing. However, the gun still exists and can be used as evidence."
Day told KOAT there could be a valid reason for this, but regardless, it is not a good look for the prosecutor.
"You have to assume that the destruction was probably part of the testing process or whatever took place. The problem is then, is what that looks like if this case gets to a trial. Most times you want to have the actual evidence to hold in front of a jury," Day said. "They got to be able to explain what happened. And of course, the defense is going to make is going to address that and say, why isn't that gun here? What happened is this raise questions in the minds of the jurors about, you know, what's really going on. So I think it's it's unfortunate. If you're the prosecutor, you want to actually have that piece of evidence to show those jurors."
KOAT looked at the FBI testing report the District Attorney's Office mentioned.
On page four, it reads this:
"With the hammer in the full cock position, Item 2 could not be made to fire without a pull of the trigger while the working internal components were intact and functional. During this testing, portions of the trigger sear and cylinder stop fractured while the hammer was struck. The fracture of these internal components allowed the hammer to fall and the firing pin and detonated the primer. This was the only successful discharge during this testing and it was attributed to the fracture of internal components, not the failure of the firearm or safety mechanisms."
Item 2 is a .45 Colt (.45 Long Colt), accorinding to the report.
Baldwin and Gutierrez-Reed are facing two felony charges of involuntary manslaughter for their roles in the shooting death of cinematographer Halyna Hutchins in 2021.
Judge Mary Marlowe Sommer approved Baldwin's waiver to appear in court Thursday morning. The conditions for Baldwin that were approved was the understanding of the charges he faces in the fatal movie set shooting.
If both sides, the defense and the prosecution, are ready and set, the judge will move the case forward. If not, another status hearing could be set for either Baldwin or Gutierrez-Reed.
Related Rust shooting stories
- 'Rust' crew members file lawsuit against Alec Baldwin and film companies
- Defense attorney made contributions to 'Rust' special prosecutor
- Rust to continue filming in Montana
- Breakdown of the gun used in the deadly movie set shooting
A preliminary hearing would need to be set within 60 days of the first appearance.
“I would say April [or] May is about when we can expect this judge to set this,” Day said.
Originally, "Rust" assistant director David Halls was expected in court to plead guilty to a misdemeanor charge of negligent use of a firearm. He was going to be in court Wednesday before his hearing was delayed to later this month.
Court appearance for 'Rust' assistant director delayed
Halls accepted a plea deal, which could see him testify if Gutierrez-Reed or Baldwin go to a trial.
Legal explainer on Rust and Alec Baldwin charges