Can Convicted Rust Armorer Testify at Alec Baldwin’s Trial? Legal Expert Explains

Rust armorer Hannah Gutierrez-Reed was sentenced to 18 months in prison on April 15 for her role in the accidental shooting death of cinematographer Halyna Hutchins on the New Mexico movie set in 2021.

Still, she could make an appearance at Alec Baldwin’s upcoming involuntary manslaughter trial.

The 66-year-old Rust actor and producer — who was holding the prop gun when it discharged, killing Hutchins and injuring director Joel Souza — was indicted in January and heads to trial in July. He faces up to 18 months in prison.

Gutierrez-Reed, who did not testify at her own trial, was one of 32 people listed on the state’s Feb. 6 witness list for the Baldwin trial.

She said in a prison call with her mother after her conviction that “if she is subpoenaed to Baldwin’s trial she will not show up,” according to a summary of the calls listed in court documents filed by special prosecutors Kari T. Morrissey and Jason J. Lewis on April 12. 

“Hannah complains that she shouldn’t be subpoenaed if Baldwin didn’t show up for her,” the summary continues.

Regardless of Gutierrez-Reed’s wishes, “Hannah can be called to testify against Baldwin,” says legal expert Emily D. Baker, a lawyer and former L.A. Deputy District Attorney who is not involved in the case. “They can transport her out of prison to testify.”

However, attorneys for Gutierrez-Reed announced their intention to appeal the judgment and sentence, and if she has an appeal pending, “there are some things she can still plead the Fifth to because she did not testify at her trial,” explains Baker, referring to a person’s right to use Fifth Amendment protection against self-incrimination. 

Jason Bowles, an attorney for Gutierrez-Reed, tells PEOPLE “we have not decided yet” whether his client will plead the Fifth if called to testify.

“The prosecution may be able to use some of her prior statements if she refuses to answer, which might for the prosecution be a reason to call her. It might not. It’s going to have to be a strategic decision,” says Baker. 

“I don’t know what Hannah adds to the Baldwin trial at this point,” adds Baker, noting, “I don’t think there’s a question that Hannah loaded the gun.”

Baldwin has insisted he did not pull the trigger and didn’t know the prop gun accidentally contained live ammunition. One of the central questions in the Baldwin case is whether he pulled the trigger.

A forensic report obtained by PEOPLE last August concluded that the trigger of the prop gun must have been pulled “sufficiently” enough to cause the accident that killed Hutchins and injured Souza.

“Although Alec Baldwin repeatedly denies pulling the trigger, given the tests, findings and observations reported here, the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver,” read the firearms report by experts Lucien Haag and Mike Haag. The Haags were hired by the State of New Mexico in its case against Gutierrez-Reed.