Alec Baldwin skips first court appearance for fatal ‘Rust’ shooting

Alec Baldwin waived his first court appearance for the fatal October 2021 ‘Rust’ shooting, where he pulled the trigger on the bullet that killed Halyna Hutchins.

Baldwin, charged with two counts of involuntary manslaughter, was scheduled to appear in court Friday, but on Thursday waived the appearance. Baldwin is to plead not-guilty to both counts.

The legal angle of skipping court

Legal experts explain missing the first appearance as a “routine court proceeding.” Criminal defense attorney and former state prosecutor Duncan Levin, the lawyer who defended Anna Delvey, Clare Bronfman, and Harvey Weinstein, told Fox News that there was no significance of Baldwin waiving the appearance.

“This is a routine court proceeding in a case that is anything but routine,” Levin said. “The case itself is insane from start to finish. And I think that everybody watching it is scratching their heads about why these charges are being brought in the first place.”

“By waiving his first appearance in court, he’s sending a signal that this is a case that really ought not be taken seriously, even though it is obviously an extremely serious case,” Levin explained. “He’s facing a great deal of prison time.”

Though Levin is not involved in Baldwin’s case, he has been following it closely, noting as well that the actor’s legal team is expected to make many motions moving forward, “including a request to dismiss the case entirely and possibly a change of venue.”

Charged because of celebrity status?

Levin also insisted that Baldwin’s celebrity status was the reason for the charges in the first place, and there would be no case if it weren’t for that factor.

“Prosecuting Alec Baldwin for his role in what is an unfortunate accident is clearly the cause of his celebrity,” Levin declared. “And the prosecution’s desire to bring some attention to what they think is an important issue.”

“It’s just a case that absolutely was overcharged in every way.”

The proceedings moving forward

Next in the Baldwin legal processes is the preliminary hearing, for which a date has not yet been set.

“The preliminary hearing will be a gut check for the court on whether to let this case proceed.”

A preliminary hearing is when a judge decides without a grand jury if there is probable cause, sufficient evidence, or both. If so, charges against Baldwin will move forward.

Michael Farkas, former New York City homicide trial prosecutor, said that though the standard at a preliminary hearing is much lower than at trial, Baldwin’s preliminary hearing may be different.

“There is such a significant question of law in this case as to whether Mr. Baldwin’s acts constituted a crime that his defense team is going to be making [...] a strong and aggressive push to convince the judge that even under the very low standard of a preliminary hearing, that there is insufficient evidence that a crime was committed,” Farkas said.

“If they are successful, the judge will dismiss the charges entirely,” he explained. “If they are unsuccessful, all that means is that the judge agrees that there is enough evidence for the charges to be brought and for the case to continue.”