'Rust' finished filming in 2023 after the on-set death of Halyna Hutchins in 2021
Prosecutors are ‘salivating’ to cross-examine Alec Baldwin: Attorney
Attorney Andrew Stoltmann joins ‘Fox News Live’ to discuss Alec Baldwin facing 18 months in prison on a manslaughter charge for the 'Rust' movie set shooting.
Alec Baldwin's lawyers are likely pushing for a speedy trial because the prosecution has a "weak" case, according to legal experts.
Baldwin was charged for a second time with involuntary manslaughter Jan. 19 in the fatal shooting of Halyna Hutchins. The cinematographer died Oct. 21, 2021, after a gun Baldwin was holding discharged on the set of the Western film "Rust."
By Jan. 24, lawyers for Baldwin had demanded a speedy trial for the 65-year-old actor.
"Mr. Baldwin is entitled to a fair and speedy disposition of the charges to minimize public vilification and suspicion and to avoid the hazards of proving his innocence that often arise after lengthy delays in a prosecution," documents, obtained by Fox News Digital, state.
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"When defense attorneys think the prosecution doesn't have a good case, they insist on a speedy trial to basically jam them up and force them to push the case to trial," former federal prosecutor Neama Rahmani explained to Fox News Digital.
Alec Baldwin's request for a speedy trial puts pressure on the prosecution, a legal expert told Fox News Digital. (Fox News)
"If they have a bad case as a prosecutor, then the defense will say, 'All right, let's go to trial,' because they know [the prosecution is] not going to have [the] witnesses and evidence ready," he added. "That's probably the case here. This is a weak case for the prosecution.
"This is what [the prosecution] did the first time around, and it was clear [they were] not ready to go to a preliminary hearing, and that's why they dismissed the case in April."
"Rust" assistant director Dave Halls pleaded guilty to a misdemeanor charge in March. (Instagram | AP Photo/Jae C. Hong | IMDB)
For Rahmani, the "Rust" assistant director's lack of punishment and Hutchins' widower settling a civil lawsuit against Baldwin make the prosecution's case "weak."
In March 2023, Dave Halls was given a no-time misdemeanor after pleading guilty to negligent use of a deadly weapon. Rahmani noted Halls is "arguably as culpable, if not more culpable, than Baldwin" in Hutchins' death because the assistant director "represented that it was a cold gun, and he clearly didn't check it."
Alec Baldwin was charged with new counts of involuntary manslaughter Jan. 19. (Mark Sagliocco)
The demand for a speedy trial also puts pressure on the prosecution.
"Baldwin’s assertion of his right to a speedy trial puts pressure on the prosecution to prepare their case against Baldwin quickly," Kate Mangels, partner at Kinsella Holley Iser Kump Steinsapir LLP, told Fox News Digital. "This could put additional pressure on their resources, particularly because the trial of the armorer is scheduled to go forward in February."
Celebrity defense attorney Duncan Levin, who previously worked on Harvey Weinstein's team, explained that Baldwin's lawyers are likely trying to "seize upon the current public perception that this case is being brought unfairly against him.
"The sentiment is that the case is meritless and should be dismissed. The passage of more time could affect that, and this puts more immediate pressure on the prosecution to get ready for trial more quickly than they might like."
However, a speedy trial may not be a benefit for Baldwin, criminal defense attorney Robert J. Degroot told Fox News Digital.
"A speedy trial may not be in Mr. Baldwin's best interests," Degroot said. "There is currently a trial scheduled for another defendant who was the ‘armorer’ on the location. What explanation she may have for the presence of live rounds, creating a ‘hot gun’ situation, would have an immediate impact and collateral effect on Mr. Baldwin's case.
"Having that trial and seeing what implications the evidence would have on Mr. Baldwin's position, both factually and legally, is of tantamount importance. Mr. Baldwin's team would have a free preview of the state's case and could then plan accordingly."
WATCH: PROSECUTORS ARE ‘SALIVATING’ TO CROSS-EXAMINE ALEC BALDWIN: ATTORNEY
"Rust" armorer Hannah Gutierrez-Reed's involuntary manslaughter trial is scheduled to begin in February. Baldwin has not been included on any witness list the prosecution has submitted at this point.
Degroot noted Baldwin's case "has lost its immediacy and reasonable attempts to analyze the evidence and have experts test the gun are much more important than a speedy trial for Mr. Baldwin.
"I don't think a speedy trial benefits anyone at this point," he explained. "The dust will settle significantly with the verdict in the first trial. There are also questions about the main piece of physical evidence, the firearm, which has been given to the FBI and may be altered from its original state by the replacement of certain parts and components. It may be impossible to test the gun forensically in the condition it was in at the time of the tragic shooting."
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Baldwin was originally charged with two counts of involuntary manslaughter Jan. 31, 2023, and the charges were later dropped in April.
At the time, the prosecution claimed "new facts" had been revealed that require further investigation. In their motion to dismiss, the special prosecutors noted the inquiry and forensic analysis required could not be completed before the start of Baldwin's scheduled preliminary hearing.
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WATCH: ALEC BALDWIN INDICTED ON TWO COUNTS OF INVOLUNTARY MANSLAUGHTER FROM ‘RUST’ SET
Baldwin has maintained he did not pull the trigger of the gun Oct. 21, 2021.
"The trigger wasn’t pulled. I didn’t pull the trigger," Baldwin told George Stephanopoulos in an interview shortly after the fatal shooting.
"No, no, no, no, I would never point a gun at anyone and pull the trigger. Never."
However, the FBI conducted an accidental-discharge test and determined the gun used in the fatal shooting of Hutchins "could not be made to fire without a pull of the trigger," ABC News reported.
