In a virtual hearing held on Friday, New Mexico Judge Mary Marlowe Sommer decided that the involuntary manslaughter trial of actor Alec Baldwin, scheduled to begin on July 9, will proceed as planned. The trial pertains to the fatal shooting of Rust cinematographer Halyna Hutchins in 2021. Judge Sommer also ruled that the convicted armorer of the indie Western film, Hannah Gutierrez-Reed, will not be required to testify.

During the hearing, the defense requested the case to be dismissed, but their motion was rejected by Judge Sommer. The prosecution had motioned for Gutierrez-Reed to be immune as a witness in the trial, but this request was also denied. The judge stated that there was nothing that Gutierrez-Reed could testify to that others could not provide as evidence.

Gutierrez-Reed, who was sentenced to 18 months in a New Mexico state prison in April after being found guilty of involuntary manslaughter, has expressed her unwillingness to cooperate in the Baldwin trial. Her reluctance may be due to the potential for self-incrimination in relation to additional gun charges she is facing as well as her appeal against her Rust conviction.

Both Baldwin and Gutierrez-Reed were absent from the virtual hearing. Following the ruling, Gutierrez-Reed's main attorney, Jason Bowles, expressed his approval of the judge's decision, stating that it would avoid "mini trials within a trial."

It was also revealed during the hearing that Gutierrez-Reed had repeatedly asserted her Fifth Amendment privilege during a pre-trial interview at the advice of her attorney. However, there is a possibility that the prosecution may call Gutierrez-Reed to testify on matters not covered by her Fifth Amendment privileges, although it is considered a minor aspect of the case.

In another motion, defense lawyer John Bash argued that the charges against Baldwin should be dismissed, claiming that the state had failed to establish his subjective awareness of the risk posed by the firearm. Judge Sommer appeared skeptical of this argument, highlighting that as an actor, Baldwin was not supposed to be pointing a gun at someone, referring to SAG-AFTRA rules.

The court proceedings will continue later in the day to address further defense motions, including the request to have the case dismissed and the trial removed from the calendar. Baldwin, who has pleaded not guilty to the charges, is currently facing multiple civil cases in California and New Mexico related to the Rust shooting.

Rust, the indie Western film in which the incident occurred, has yet to secure a buyer despite being completed in early 2023 after resuming production in Montana.

The State v. Alexander Rae Baldwin trial is expected to last approximately two weeks, with Baldwin in attendance as the defendant.