In a tense cross-examination in Alec Baldwin’s involuntary manslaughter trial, the actor’s defense attorney suggested that New Mexico authorities were focused on pinning blame on the star rather than properly investigating what had led to the death of cinematographer Halyna Hutchins.
Alex Spiro, one of Baldwin’s defense attorneys, grilled the crime scene technician Marissa Poppell about a search police conducted on the prop house that provided the Colt .45 used in the shooting. He highlighted the fact that police had not collected surveillance footage from the site, pressed Poppell on precisely how thoroughly the facility was searched and alleged that law enforcement had withheld evidence from the defense.
“Isn’t the truth that you were just trying to get this over with so the prosecutors could focus on Alec Baldwin?” Spiro said in the Santa Fe courtroom on Thursday morning, which Poppell denied.
Spiro suggested that police have evidence that the live ammunition that made its way on to the set came from the prop supplier, rather than the film’s armorer, who prosecutors said brought the bullets on site during filming.
He questioned Poppell about a “good samaritan” who had come forward to police this year with a box of munitions that he claimed came from the prop supplier, Seth Kenney, and matched the ammunition that killed Hutchins. A report of the interview was not included with the other Rust evidence nor shared with the lawyer of Hannah Gutierrez-Reed, the film’s armorer, who was convicted of involuntary manslaughter in March.
The special prosecutor Kari Morrissey cast doubt on the “good samaritan”, stating that the person who came forward was a friend of Gutierrez-Reed’s father. Gutierrez-Reed was expected to testify for the state on Friday, her lawyer told NBC News.
As the prosecution has sought to portray Baldwin as reckless in his handling of firearms, his team has focused on alleged missteps by the state, including FBI testing that permanently damaged the firearm before it could be examined by the defense and safety failings on set.
“There is zero evidence in this case that Alec Baldwin brought the live round on this set, correct?” Spiro asked Poppell. “There is zero evidence that Alec Baldwin loaded that round into the gun, correct?”
Testimony from Poppell revealed that live ammunition was found on bandoliers worn by Baldwin as well as the actor Jensen Ackles.
The closely watched trial got off to a slow start on Thursday and was delayed multiple times as Morrissey objected to Spiro’s questioning and the prosecution and defense disagreed about the admission of certain evidence.
The judge favored the prosecution in allowing the admission of part of a transcript showing Baldwin’s knowledge of the dangers of blank rounds, and a phone call with his wife made after the shooting in which the actor tells his family they should still come visit him in New Mexico.
On Wednesday, the jury viewed harrowing footage depicting the aftermath of the shooting and medics’ desperate efforts to treat cinematographer Halyna Hutchins.
The scene at the Bonanza Creek Ranch where the actor and crew were filming the western Rust was captured via body-camera footage from a New Mexico sheriff’s deputy who responded to the incident and testified in court this week.
Videos from the set and a 911 call played in the courtroom provided a dramatic start to the long-anticipated trial, which comes almost three years after the October 2021 shooting. Hutchins was killed and the director, Joel Souza, was injured after a weapon that Baldwin was holding – that, unbeknown to anyone on set, contained live ammunition – fired a single bullet.
The incident, the first shooting death on a Hollywood set since 1993, sent shock waves through the industry and the trial is being closely followed by media outlets from around the world.
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Baldwin has adamantly denied pulling the trigger. The gun’s manufacturer testified in court on Thursday that the firearm’s design meant it could not have fired without a pull of the trigger, but also said that he had not seen the weapon for several years before it was used on the Rust set and did not know what condition it was in.
Prosecutors said that evidence shows Baldwin not only pulled the trigger but that he violated “cardinal rules of firearm safety” while on set, repeatedly placing his finger on the hammer and trigger and pointing the gun at people while filming.
In opening statements and in testimony from witnesses, prosecutors sought to portray an unsafe workplace on a tight budget with a lead actor who acted recklessly and placed others in danger.
“That gun the defendant had asked to be assigned worked perfectly fine, as it was designed,” prosecutor Erlinda Johnson said. “He pointed the gun at another human being, cocked the gun and pulled that trigger in reckless disregard for Ms Hutchins’ safety.”
Baldwin’s defense team, however, cast the blame on the film’s armorer and first assistant director, who were responsible for checking the gun. Baldwin was focused on his job on set – acting – and the people who were supposed to ensure the safety of the weapon failed to do so, defense attorney Alex Spiro told the jury on Wednesday.
“The evidence will show that on a movie set, safety has to occur before the gun is placed in an actor’s hands,” he said.
Baldwin has long denied pulling the trigger, but even if he did so, Spiro said, he would not be guilty of a crime. “On a movie set you’re allowed to pull the trigger, so even if he intentionally pulled the trigger, as prosecutors said, that doesn’t mean he committed a homicide.”
The jury this week has heard from law enforcement officers who first responded to the incident as well as the crime scene technician Poppell.
Baldwin faces up to 18 months in prison if convicted.