Settlement in movie case sealed by judge

SANTA FE -- State District Judge Bryan Biedscheid granted a motion Monday to seal the settlement agreement and related hearings in a wrongful-death case related to the shooting death of Rust cinematographer Halyna Hutchins. The decision was based on defense arguments the privacy of Hutchins' minor son — a beneficiary — warrants confidentiality.

Hutchins died and director Joel Souza was wounded Oct. 21, 2021, after a revolver held by Rust producer and star Alec Baldwin discharged a live round, striking both.

Hutchins' husband, Matthew Hutchins, brought the lawsuit against the movie company, Baldwin and more than a dozen other individual and businesses. Baldwin announced in October the lawsuit had been settled for an undisclosed amount. The granting of the motion to seal, which was filed by attorneys representing the Hutchins family, means the settlement agreement will be sealed to the public and all co-defendants in the case besides the production company defendants.

Attorneys representing Hannah Gutierrez-Reed — the film's armorer who faces a criminal charge of voluntary manslaughter in the case — and Sarah Zachary, the prop master, opposed the sealing Monday. They argued that as named defendants, their clients should be allowed to know the terms of the settlement agreement.

Biedscheid rejected that argument, ruling the privacy rights of the child trumped the curiosity of the public or other parties. He noted that, if approved, the agreement settles all claims against the defendants, and if it were rejected, the matter would again be open for debate.

The criminal case against Baldwin — who like Gutierrez-Reed is charged with a fourth-degree felony count of voluntary manslaughter carrying a possible penalty of up to 18 months in jail — is pending in state District Court.

A preliminary hearing in that case is set to take place over two weeks next month.

Rust Movie Productions LLC filed a motion for a protective order in that case last week, asking the court to narrow the scope and extend the deadline for a discovery request from the First Judicial District Attorney's Office seeking documents and communications involving Baldwin between Jan. 1, 2019, and Feb. 28, 2023.

"The state is essentially asking that Rust Movie Productions LLC produce communications and documents created over the course of four years 'in any form,' " according to the motion, which says the production company originally was given 15 days to produce the discovery, then granted a 14-day extension.

The request was vehemently denied by the assigned special prosecutor Kari Morrissey, who refused "an extension of any kind" and "demanded immediate production," according to the motion.

Biedscheid had not ruled on that motion as of Monday.