Gutierrez to take stand against Alec Baldwin, but will she testify?

SANTA FE, N.M. (Court TV) — Hannah Gutierrez is expected to be transported to the courthouse as early as Friday to testify for the State in Alec Baldwin ‘s manslaughter trial, her attorney confirmed Thursday.

Hannah Gutierrez sits in court during her April 15, 2024 sentencing hearing. (Court TV)

A July 3 transport order signed by the judge ordered the Department of Corrections to release Gutierrez to the custody of the Santa Fe Sheriff’s Office so that she may be transported to the First Judicial District Courthouse where Alec Baldwin’s trial is underway.

Baldwin is charged with the involuntary manslaughter of cinematographer Halyna Hutchins under two theories: Negligent use of a deadly weapon and/or handling a firearm without due caution. Prosecutors have alleged Baldwin “violated the cardinal rules of firearm safety.” Baldwin’s defense, which has maintained his innocence, said that the shooting death was an “unspeakable tragedy” but that Baldwin “committed no crime; he was an actor, acting.”

News that Gutierrez will be called to the stand comes weeks after Judge Marlowe Sommer denied the State’s request to use immunity to make Gutierrez testify about Baldwin’s culpability on set – questions that Special Prosecutor Kari Morrissey has said have nothing to do with her criminal conduct, but that of Baldwin. Morrissey asked the court to grant a motion that would hold Gutierrez in contempt of court and possibly request additional jail time should she refuse to answer the State’s questions.

Actor Alec Baldwin and his wife, Hilaria Baldwin, leave District Court, Wednesday, July 10, 2024, following the day’s proceedings in his involuntary manslaughter trial in Santa Fe, N.M. (AP Photo/Roberto E. Rosales)

Gutierrez’s attorney, Jason Bowles, opposed the State’s case for use immunity , saying that it would go against her right to invoke her Fifth Amendment privilege – not only related to her pending appeal but also a second pending trial in August in a separate case about bringing a gun into a bar.

Because Gutierrez clearly did not intend to cooperate and had indicated she would not testify willingly, Judge Sommer denied the prosecution’s motion.

Bowles, who said he will be at the courthouse Friday morning, told Court TV’s Matt Johnson on Thursday, “The judge ruled [Gutierrez] didn’t have to testify, and I indicated Hannah would plead the fifth. I don’t know how the judge intends to handle this yet.”

While who will testify is never guaranteed, Court TV anchor Julia Jenae says the prosecution is taking the necessary steps in advance to call her to the stand during their case.

Court TV’s cameras will be live inside the court on Friday if and when Gutierrez is called to the stand.