A judge’s ruling on Monday provided filmmaker Rory Kennedy with a legal victory, asserting that she is not obligated to surrender footage from her upcoming documentary on Alec Baldwin to prosecutors in his manslaughter case.
Kennedy is currently in the process of crafting a documentary centered around Baldwin and the tragic accidental shooting incident on the set of his film “Rust.” Baldwin is scheduled to stand trial in July in Santa Fe, N.M., facing a charge of involuntary manslaughter in the tragic death of cinematographer Halyna Hutchins.
In April, prosecutors Kari Morrissey and Erlinda Johnson issued a subpoena seeking interview footage of Baldwin and other witnesses, arguing that the footage contains “critical pieces of information concerning key elements of this criminal prosecution.”
Kennedy’s production company, Moxie Films, swiftly filed a motion to quash the subpoena, denouncing it as “an impermissible fishing expedition.”
A Los Angeles judge granted Moxie Films’ motion on Monday, after the Los Angeles County District Attorney’s Office, responsible for enforcing the out-of-state subpoena, conceded the matter.
“The subpoena is ordered recalled, vacated, and set aside,” the judge’s order states.
Moxie Films argued that the footage is protected under the California Shield Law, which shields journalists from being compelled to relinquish unpublished material to prosecutors.
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If convicted in July, Baldwin could face a maximum sentence of up to 18 months in prison. Prosecutors allege that Baldwin negligently pointed the gun at Hutchins and pulled the trigger during preparations for a scene in October 2021. Baldwin’s defense maintains that he did not pull the trigger and asserts that it was not his responsibility to ensure the gun was unloaded.
Hannah Gutierrez Reed, the armorer on the set, is currently serving an 18-month sentence after being found guilty in March for mistakenly loading a live round into Baldwin’s firearm instead of an inert “dummy” round.
Previously, prosecutors obtained behind-the-scenes footage from a production company hired by the “Rust” producers for promotional videos, as well as raw footage from the “Rust” production itself. Some of this footage was presented to the jury during Gutierrez Reed’s trial, illustrating a lax attitude towards gun safety on set and suggesting Baldwin’s role in what prosecutors deem reckless and bullying behavior.
Kennedy embarked on her documentary project over a year after the shooting incident. Baldwin has participated in multiple interviews for the documentary and has agreed to provide archival footage to the filmmakers.
In a separate development, prosecutors withdrew a misdemeanor plea deal last fall after learning of Baldwin’s involvement in the documentary. The prosecution alleged that Baldwin was attempting to influence witnesses to cooperate.
Baldwin’s legal team and Moxie Films have refuted the prosecution’s assertion that Baldwin “commissioned” the documentary, emphasizing that he holds no ownership or editorial control over it.
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