Alec Baldwin seeks dismissal of grand jury indictment in fatal shooting of ‘Rust’ cinematographer

Defense attorneys seek dismissal of grand jury indictment against Alec Baldwin in fatal Rust shooting, citing unfair proceedings

Defense attorneys for Alec Baldwin urged a New Mexico judge on Thursday to dismiss a grand jury indictment against the actor in the fatal shooting of a cinematographer on the set of the Western movie Rust.

The indictment in January charged Baldwin with involuntary manslaughter in the death of cinematographer Halyna Hutchins on Oct. 21, 2021, at a movie ranch on the outskirts of Santa Fe.

Baldwin has pleaded not guilty to the charge. His attorneys in a new court filing accused prosecutors of “unfairly stacking the deck" against Baldwin in grand jury proceedings that diverted attention away from exculpatory evidence and witnesses.

They say that prevented the jury from asserting their obligation to hear testimony from director Joel Souza, who was wounded in the shooting while standing near Hutchins, as well as assistant director and safety coordinator Dave Halls and props master Sarah Zachry.

“The grand jury did not receive the favorable or exculpatory testimony and documents that the state had an obligation to present,” said the court motion signed by defense attorney Luke Nikas. “Nor was the grand jury told it had a right to review and the obligation to request this information.”

Prosecutor Kari Morrissey declined to comment and said a response will be filed with the court.

Baldwin's motion also asserts that the grand jury received inaccurate and one-sided testimony about the revolver involved in the fatal shooting.