Prosecutors want 'Rust's armourer to be forced to testify at Alec Baldwin's trial.
The 68-year-old actor has been charged with involuntary manslaughter after the prop gun he was holding discharged and killed cinematographer Halyna Hutchins on the set of the western in October 2021, and the court have been asked to order Hannah Gutierrez-Reed - who is serving an 18-month jail sentence after being convicted of the same charge in March - to give evidence.
The weapons expert, who has appealed her conviction, appeared on recent witness lists submitted to the court by Alec's team ahead of his trial next month.
A motion filed by special prosecutors Kari T. Morrissey and Erlinda Johnson and obtained by People magazine stated: “Presumably Defendant Baldwin named Ms. Gutierrez as a witness so his counsel can obtain potentially exculpatory information."
However, during a pre-trial interview on 14 May, Hannah “asserted her Fifth Amendment privilege to all substantive questions".
The Fifth Amendment allows a person to exercise their right to remain silent and not incriminate themselves.
As a result, the special prosecutors are asking the court to grant "use immunity", which would mean whatever Hannah said during the trial couldn't be used against her during her own appeal.
They warned: "[If Gutierrez-Reed] is not granted use immunity the defendant will likely attempt to have her previous statements admitted…This requires the defendant to demonstrate that Ms. Gutierrez is unavailable due to the assertion of her Fifth Amendment privilege.”
This would mean Alec's lawyers could use clips of Hannah in her previous police interviews, rather than putting her on the stand in court.
The 'Boss Baby' star has insisted he never pulled the trigger and did not know the gun mistakenly contained live ammunition, and legal expert Emily D. Baker, a former Deputy District Attorney, explained he would benefit from this.
She explained to People: “In her interviews, she's very clear saying she should have checked [the gun] better.
"Those types of statements where she's accepting responsibility [are helpful]."
She explained adding Hannah to the witness list was a shrewd move.
She said: “She would be able to plead the Fifth, is then unavailable and then he can use some of the clips.”
But if only interview clips are shown, prosecutors would be unable to question Hannah and get testimony that would potentially help their case.
The motion stated: “Ms. Gutierrez would testify that Mr. Baldwin was inattentive during the firearms training session she conducted with him [and] would become upset and have emotional fits.
“The jury should hear all of the information Ms. Gutierrez has regarding Mr. Baldwin."
Jason Bowles, one of Hannah's attorneys, pledged to oppose the motion.
The special prosecutors have filed an expedited request for a hearing which will allow Judge Mary Marlowe Sommer to rule on the matter.
