Alec Baldwin’s role as producer is irrelevant in Rust trial

A New Mexico judge ruled Monday that Alec Baldwin’s role as a producer of the film “Rust” is irrelevant to his upcoming involuntary manslaughter trial in the fatal shooting of his cinematographer in 2021, dealing a setback to the prosecution.

Judge Mary Marlowe Sommer of New Mexico’s First Judicial District ruled that prosecutors could not argue that Mr. Baldwin’s role as a member of the film’s production team — he was one of its producers in addition to being its lead actor — made him more culpable in the death of the film’s cinematographer, Halyna Hutchins.

It’s a blow to the prosecution, which had sought to make Mr. Baldwin’s role as a producer part of its case. “As a producer, he has the power to control security on the set, and there was a huge lack of security on that set,” one of the prosecutors, Erlinda O. Johnson, said in court earlier Monday.

Mr. Baldwin’s defense disputed that claim, saying that as a member of the production team he was involved in creative matters but that others had authority over hiring and budgets.

The judge ruled that the prosecution could not present evidence regarding Mr. Baldwin’s position as one of the film’s producers.

“I really have a hard time with the state’s position that as a producer he failed to follow the guidelines and that therefore as an actor Mr. Baldwin did all these things wrong that resulted in Ms. Hutchins’ death because as a producer he allowed those things to happen,” Judge Marlowe Sommer said.

Stephen D. Aarons, a veteran New Mexico defense attorney, said Mr. Baldwin’s role as a producer could still have an influence in some of the upcoming civil cases stemming from the fatal shooting, but not in the criminal case.

“Baldwin was wearing his actor’s hat when the shot was fired, and it is only in that role that the jury can decide whether he is criminally responsible,” he said.

Mr. Baldwin showed up at the Santa Fe courthouse for the preliminary hearings wearing a suit with a gray striped tie and thick, dark-rimmed glasses. He appeared to be paying close attention to the proceedings, taking notes and leaning over to talk to a lawyer.

Mr. Baldwin was indicted by a grand jury for his role in the fatal shooting of Ms. Hutchins, who was killed on Oct. 21, 2021, when a gun he was rehearsing with on set discharged a live round. He has pleaded not guilty, saying he was told the gun did not contain live ammunition. He also said he did not pull the trigger before the bullet went off, something prosecutors dispute.

Judge Marlowe Sommer also placed limits on the video evidence that could be presented to the jury.

She ruled that jurors could be shown videos that prosecutors said support their argument that Mr. Baldwin was reckless in handling weapons on set. Prosecutors said footage shows the actor with his finger on the trigger when it was not necessary and using his gun as a pointer to direct crew members.

But the judge said the jury could not see unrelated videos of Mr. Baldwin handling weapons; prosecutors had sought to admit a video in which he urges the team to work faster.

“Anything else about his yelling at the crew or his instructions to people to hurry up, none of that is relevant,” Judge Marlowe Sommer ordered.

The ruling is a partial victory for the defense, which argued that some of the videos the prosecution intended to introduce were intended to smear Mr. Baldwin’s reputation rather than establish evidence of his conduct on the day of the fatal shooting.

“Mr. Baldwin swore on set — he swore — and therefore, what, he committed homicide?” Luke Nikas, Mr. Baldwin’s attorney, said at Monday’s hearing. “Mr. Baldwin is not a murderer on the 21st because he swore on the 16th.”

Jury selection is scheduled for Tuesday, with opening arguments likely to begin Wednesday.