A New Mexico judge has rejected a request by Alec Baldwin's attorneys to dismiss a civil lawsuit by three “Rust” crew members who allege cost-cutting endangered the cast and crew as the actor-producer skipped his own safety training.
Chief District Judge Bryan Biedscheid on Wednesday also declined to delay proceedings despite arguments by Baldwin's legal team that doing to so would put their client at risk of self-incrimination since prosecutors have yet to decide whether to refile criminal charges against him over the fatal on-set shooting of a cinematographer.
Attorney Robert Schwartz told the judge there would be nothing to prevent prosecutors from using evidence gleaned from discovery in the civil case against Baldwin in the criminal case, if charges are refiled. As an example, he pointed to any interpretation of Baldwin's production contract and what authority he had over decision making.
Schwartz said the court is putting Baldwin in an “unfortunate position”.
“No protective order can protect him against that. It just can't happen," Schwartz said. "So what's going to happen is Mr Baldwin is going to assert his 5th Amendment rights and the plaintiffs are not going to get any discovery in the meantime.” The judge disagreed, saying he would be mindful of Baldwin's rights.
Prosecutors have been mum about when a decision will be announced, but in asking for the civil case to be delayed, Schwartz indicated Wednesday that it could some within the next few weeks.
Baldwin, a co-producer of the film, was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on the film's set outside Santa Fe when the gun went off, killing her and wounding director Joel Souza.
The 2021 shooting resulted in a series of civil lawsuits centered on accusations that the defendants were lax with safety standards. The cases have including wrongful death claims filed by members of Hutchins' family.
Baldwin and other defendants have disputed accusations they were lax with safety standards.