The second day of Alec Baldwin’s trial saw a significant focus on the firearm and ammunition used on the set of the film “Rust.” Legal expert John Day provided insights into the defense strategy, particularly regarding how the firearm and ammunition ended up on the film set. Day also discussed the potential testimony of convicted film armorer Hannah Gutierrez-Reed, who might testify on Friday, July 12.
The defense’s focus on whether a reasonable person could distinguish between a real bullet, a blank, and a dummy round was a key point. “The defense wants the jury to understand that even if Alec Baldwin had examined every single bullet in his gun, it would be challenging to tell the difference between a live round, a dummy round, and a blank,” Day explained. “The defense lawyers want the jury to think that all these look so similar that even if Baldwin had taken out his gun, looked in the chamber, and examined every bullet, he wouldn’t have known there was a live round in that revolver.”
Seth Kinney, the props and ammo supplier, became a focal point during the second day of testimony. Despite being a prosecution witness, the defense aimed to cast doubt on his role. “The defense wants to suggest that Seth Kinney could have inadvertently supplied the live rounds. Kinney was involved in obtaining the ammunition and guns for the set,” Day noted. “So, the defense wants the jury to consider Kinney as someone who might have played a role, even though he’s working with the prosecution.”
The crime scene investigator’s inability to determine how the live round got on set was another point of contention. “That’s a question that may never be answered, no matter how long this trial lasts,” Day said. “The defense hopes that the jurors will see the prosecutors’ inability to answer that question as reasonable doubt, which could benefit Baldwin.”
Hannah Gutierrez-Reed, the convicted armorer, is scheduled to testify. However, her lawyer has indicated she might invoke her Fifth Amendment right to remain silent. “Her testimony could cut both ways,” Day said. “The prosecution wants her to establish that Baldwin missed safety meetings and wasn’t paying attention to safety issues. But if she testifies, the jury will be reminded that someone has already been sent to prison for 18 months for the death of Halyna Hutchins. This could lead the jury to question whether enough justice has been served.”
The trial’s second day also saw the judge dismiss the case against Baldwin on Friday, July 12, after attorneys argued over a defense motion and questioned a witness who had already testified. Baldwin, charged with involuntary manslaughter in the 2021 on-set shooting of cinematographer Halyna Hutchins, could face up to 18 months in prison if convicted. He has pleaded not guilty and maintains that he did not pull the trigger.
Hannah Gutierrez-Reed, already serving 18 months in prison for her role in the shooting, was expected to testify. However, the judge rejected a motion by the prosecution to compel her testimony. Her attorneys have stated she plans to plead the fifth.
The prosecution called both the gun’s manufacturer and a representative of the firm that imported it to testify. The day’s testimony ended with the case’s lead detective, sheriff’s Cpl. Alexandria Hancock, taking the stand. Her testimony was expected to continue, but after lengthy arguments, the judge pushed back the testimony to Monday and excused the jury.
Baldwin’s defense attorney, Alex Spiro, suggested that the searches for the live ammunition loaded in Baldwin’s prop gun were inadequate. Baldwin has been accompanied by his wife, Hilaria Baldwin, for each day of the trial, which is scheduled through July 19.
The trial and conviction of Hannah Gutierrez-Reed have provided Baldwin and his legal team with insights into how his own trial might unfold. A New Mexico jury convicted Gutierrez-Reed of involuntary manslaughter in the death of Halyna Hutchins. Baldwin figured prominently in the testimony and closing arguments, highlighting his authority as a co-producer and lead actor on “Rust.”
Baldwin’s trial will involve the same judge, prosecutors, and many of the same witnesses. Baldwin has maintained that he pulled back the gun’s hammer but did not pull the trigger, and the weapon fired, killing Hutchins and wounding director Joel Souza.
Legal analyst Emily D. Baker noted that Baldwin’s legal team is in a unique position, having observed the prosecutor, judge, and expert witnesses in action during Gutierrez-Reed’s trial. “I don’t think Baldwin’s going to want to deal in this case, and I think his legal team will tell him this is a very different case than the case against Hannah,” Baker said.
A weapons expert for the prosecution in Gutierrez-Reed’s case gave strong testimony, but the armorer expert aligned with Baldwin’s team’s argument that it wasn’t Baldwin’s job to check the weapon.
Expert witness and movie firearms consultant Bryan Carpenter testified that images showed Baldwin firing blanks toward a camera within a “no-go” zone at close range, flouting safety protocols. Another clip captured the sound of Baldwin firing a gun after a director called out, “Cut!”
Investigators haven’t found any video recordings of the shooting, which took place during a rehearsal inside a makeshift church on Oct. 21, 2021. However, Gutierrez-Reed’s trial included previously undisclosed testimony from eyewitnesses to the shooting.
Prosecutor Kari Morrissey emphasized Baldwin’s conduct and lack of gun safety on the day of the shooting. “Alec Baldwin’s conduct and his lack of gun safety inside that church on that day is something that he’s going to have to answer for,” Morrissey said in her closing arguments against Gutierrez-Reed. “Not with you and not today. That’ll be with another jury, on another day.”
Morrissey and co-counsel Jason Lewis presented the case against Baldwin to a grand jury in January and secured an indictment on a single felony count. A recent analysis of the gun concluded that “the trigger had to be pulled or depressed sufficiently to release the fully cocked or retracted hammer of the evidence revolver.”
The author of an earlier FBI report on the gun testified that the gun arrived with all safety features in working order and that the only way the revolver would fire with the hammer fully retracted was to strike it with a mallet and break it.
Defense attorneys for Baldwin have shown no sign of compromise with special prosecutors appointed by Santa Fe-area District Attorney Mary Carmack-Altwies. A February fundraising message from Carmack-Altwies vowed justice for Hutchins and her family “no matter who else is involved,” without naming Baldwin.
Source: KOAT, CBS News, AP
