Alec Baldwin Claims in the “Rust” Case a “Stunning Abuse of Prosecutorial Power.”
In the “Rust” case, attorneys claimed on Tuesday that there had been a “stunning abuse of prosecutorial power,” claiming that a favorable plea bargain had been withdrawn last autumn because of a misunderstanding over Baldwin’s involvement in a documentary about the case.
Halyna Hutchins, the cinematographer for “Rust,” was shot and killed. Baldwin is charged with involuntary manslaughter and will go on trial in July in Santa Fe, New Mexico. He might spend up to 18 months behind bars if found guilty.
Prosecutors gave him an opportunity in October of last year to plead guilty to a misdemeanor with no prison time. Nevertheless, prosecutor Kari Morrissey said in a recent filing that she withdrew that offer upon discovering that Baldwin had “commissioned his own documentary” on Hutchins’ demise and was coercing prosecution witnesses to testify.
She chose to pursue a felony charge because Baldwin’s actions raised concerns that the victims and their families would continue to suffer damage.
Baldwin’s attorneys responded on Tuesday, claiming that the prosecutor was misinformed about Baldwin’s participation in the documentary and that this is a “bad faith” justification for an indictment, since it has nothing to do with the actual circumstances of the accused crime.
Baldwin’s lawyers, led by Luke Nikas, argued, “Morrissey’s stated reasons for pursuing an indictment are completely divorced from the public interest and reflect a stunning abuse of prosecutorial power.”
Baldwin’s attorneys are now attempting to get the indictment overturned on the grounds of grand jury procedural flaws and court order breaches. Morrissey responded by saying Baldwin should be put on trial for his part in Hutchins’ death since the defense has deceived and lied to the prosecution.
In a 23-page rebuttal, Baldwin’s defense team said on Tuesday that Morrissey is “using the justice system to ‘humble’ a ‘arrogant’ celebrity that she dislikes” and that the state has been involved in a “mountain of misconduct.”
Regarding Hutchins’ passing, two documentaries—one by Rachel Mason and the other by Rory Kennedy—are now under production. Baldwin’s attorneys claimed in the petition that he did not commission one of them.
They said, “He is not given any credit or title in either documentary.” He has no production or other form of influence over either documentary. Baldwin is only a topic in both films, along with the other actors and staff personnel.
The defense said that Morrissey could have obtained her information from a Daily Mail piece that was described as “inaccurate” in April of last year, claiming that Baldwin had engaged Kennedy to produce her documentary.
Morrissey claimed in a prior lawsuit that she retracted the offer after verifying the information she had learned regarding Baldwin’s behavior.
She said that she had heard that Baldwin intended to take the plea, launch a publicity campaign to assert his vindication, and bring a baseless lawsuit against the prosecution.
A hearing for the move to dismiss the indictment has not yet been scheduled. The selection of jurors is set on July 9.
Erlinda Johnson, a third special prosecutor, was added to the case last week by the Santa Fe district attorney’s office, joining Morrissey and Jason Lewis. Because of the D.A.’s overwhelming schedule, Baldwin is being prosecuted by all three of these private lawyers.
