Alec Baldwin‘s lawyers have filed two more motions to throw out his manslaughter indictment in the “Rust” case in New Mexico.
Meanwhile, Rory Kennedy, who is making a documentary about Baldwin and the “Rust” shooting, is fighting a subpoena that would force her to turn over interview footage to the prosecutors in the case.
Baldwin faces a trial in July on a charge of negligently causing the death of cinematographer Halyna Hutchins. The actor was preparing to film a scene in the Western film in October 2021 when his Colt .45 fired, striking Hutchins and also wounding the director.
The armorer, Hannah Gutierrez Reed, was sentenced last month to 18 months in prison for mistakenly loading a live bullet into the gun.
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Baldwin’s latest motions argue that the charge is not legally justified, and that he has been deprived of a fair trial because the FBI broke the gun in the case during testing.
Baldwin maintains that he did not pull the trigger, and argues that the government’s “inexplicable” actions made it impossible for his defense to conclusively show that the gun was not working properly at the time of the shooting.
“The government may not knowingly deprive the defense of potentially useful evidence by destroying it,” the lawyers wrote.
Baldwin’s lawyers also argued that his actions do not meet the standard for involuntary manslaughter under New Mexico law.
Kennedy’s company, Moxie Films, has been working on a documentary about the case for more than a year.
The prosecutors, Kari Morrissey and Erlinda Johnson, subpoenaed Kennedy’s footage on April 19, seeking interviews in which Baldwin or anyone else discussed the case.
In a response filed Tuesday in Los Angeles Superior Court, Kennedy’s lawyers argued that the subpoena amounts to a “fishing expedition,” and that it would be burdensome to comply.
They also argued that the subpoena violates the California Shield Law, which protects journalists from being turned into “an investigative arm of the government.”
If the footage is turned over to the government, they added, it would likely be made public at trial, destroying its value.
In an affidavit, Kennedy also stated that Baldwin “did not commission, solicit, encourage, or otherwise seek out” the documentary. He is not producing or financing it, and will not be compensated for it, she stated.
He did sign an exclusivity agreement governing his participation as an interview subject and use of archival materials, and has a consultation right with regard to factual accuracy, she added. But she said he “has no creative or editorial control.”
In earlier filings, the prosecution has indicated that it withdrew a favorable plea agreement last fall after learning that Baldwin had “commissioned” the documentary and was pressuring witnesses to participate.
Baldwin’s lawyers filed their first motion to throw out the indictment in March, alleging numerous abuses of the grand jury process. A hearing on that motion is scheduled for May 17.
