Judge clears way for case against Baldwin

A New Mexico judge on Wednesday rejected a request by Alec Baldwin’s attorneys to dismiss a civil lawsuit by three “Rust” crew members who allege costcutting endangered the cast and crew as the actor-producer skipped his own safety training.

Chief District Judge Bryan Biedscheid 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.