Prosecutors in Alec Baldwin Manslaughter Case Ask Court to Force Convicted “Rust” Armorer to Testify at His Trial

Hannah Gutierrez-Reed, who was found guilty of involuntary manslaughter in March, asserted her Fifth Amendment privilege during a pretrial interview

The New Mexico prosecutors in Rust star and producer Alec Baldwin’s involuntary manslaughter case filed a motion Monday, June 3, asking the court to force the movie’s armorer, Hannah Gutierrez-Reed, to testify at the Emmy winner’s upcoming trial.

Gutierrez-Reed, who inadvertently put live ammunition into the prop gun Baldwin, 66, was holding when it discharged on set in 2021, killing cinematographer Halyna Hutchins and injuring director Joel Souza, was convicted of involuntary manslaughter in March and is currently serving an 18-month prison sentence.

Baldwin, also facing an 18-month sentence if convicted, has insisted he never pulled the trigger and did not know the gun mistakenly contained live ammunition.

Gutierrez-Reed, whose lawyers filed to appeal her conviction in May, has appeared on more recent witness lists Baldwin’s team has submitted to court ahead of his trial in July.

“Presumably Defendant Baldwin named Ms. Gutierrez as a witness so his counsel can obtain potentially exculpatory information,” according to the motion filed by special prosecutors Kari T. Morrissey and Erlinda Johnson.

Related: Everything to Know About the Rust Shooting Case and Alec Baldwin's Upcoming Trial

But during a pre-trial interview May 14, Gutierrez-Reed “asserted her Fifth Amendment privilege to all substantive questions,” the prosecutors wrote.

So they are asking the court to grant “use immunity,” which is “a limited use of immunity,” explains legal expert Emily D. Baker, a former L.A. Deputy District Attorney who is not involved in the case.

If the court were to grant it, whatever Gutierrez-Reed says at the Baldwin trial could not be used against her during her appeal.

The prosecutors warn the court that 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.”

In other words, Baldwin’s attorneys could show clips of Gutierrez-Reed from her previous police interviews instead of putting her on the stand. “In her interviews, she's very clear saying she should have checked [the gun] better,” according to Baker. “Those types of statements where she's accepting responsibility” are helpful to Baldwin.

Related: Alec Baldwin Is 'Understandably Worried' as His Rust Involuntary Manslaughter Trial Looms (Exclusive Source)

For that reason, putting Gutierrez-Reed on his witness list was a shrewd legal movie, according to Baker: “She would be able to plead the Fifth, is then unavailable and then he can use some of the clips.”

And if only interview clips are shown, it would rob the prosecutors the chance to question Gutierrez-Reed and get testimony that would be helpful to them.

“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 prosecutors claimed in their motion.

Related: Alec Baldwin Could Still Have His Manslaughter Charge Dismissed: Legal Expert Explains an 'Unlikely' Scenario

“The jury should hear all of the information Ms. Gutierrez has regarding Mr. Baldwin,” they wrote.

Jason Bowles, an attorney for Gutierrez-Reed, tells PEOPLE he will oppose the motion.

Attorneys for Baldwin did not immediately reply to a request for comment.

The special prosecutors have filed an expedited request for a hearing, at which Judge Mary Marlowe Sommer will rule on the matter.

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