Alec Baldwin shooting trial: Defense grills crime scene tech over search for live ammunition
SANTA FE, N.M. - Alec Baldwin’s "Rust" shooting trial continued Thursday in New Mexico, a day after prosecutors in their opening statement sought to cast the actor as someone who flouts rules and has little regard for safety.
The trial of the 66-year-old star of "30 Rock" and frequent host of "Saturday Night Live" on Thursday featured testimony from a crime scene technician with the Santa Fe County Sheriff's Department.
Baldwin's wife Hilaria Baldwin, younger brother Stephen Baldwin and older sister Elizabeth Keuchler sat behind him in the gallery again Thursday.
The death of cinematographer Halyna Hutchins and the wounding of director Joel Souza nearly three years ago sent shock waves through the film industry and led to the felony involuntary manslaughter charge against Baldwin that could result in up to 18 months in prison.
Alec Baldwin trial: Day 1 highlights
A defense attorney told jurors Wednesday that the shooting death of cinematographer Halyna Hutchins was an "unspeakable tragedy" but that " Alec Baldwin committed no crime; he was an actor, acting." Baldwin’s lawyer Alex Spiro emphasized in his opening statement in a Santa Fe, New Mexico, courtroom that Baldwin, who is on trial for involuntary manslaughter, did exactly what actors always do on the set of the film "Rust," where Hutchins was killed in October 2021.
Here's a summary of the trial's second day.
5 p.m. ET: Defense grills crime scene technician
Alec Baldwin's defense attorney Alex Spiro grilled Santa Fe County sheriff's technician Marissa Poppell in particular over search warrants served on a prop truck a week after the death of Hutchins on the set of the movie "Rust," and on a prop warehouse more than a month after her shooting, the Associated Press reported.
The questions eventually led to Spiro asking Poppell whether police and prosecutors "were just trying to get this over with so that prosecutors could focus on Alec Baldwin?"
"No," she answered.
Spiro followed that asking, "You personally believe that Alec Baldwin committed no crime, is that correct?"
Poppell answered "no" before special prosecutor Kari Morrissey objected and Marlowe Sommer struck the question and answer.
According to the AP, questioning focused on the searches of the truck and warehouse of Seth Kenney, an Albuquerque-based ammunition and weapons supplier to "Rust," who developed a cooperative relationship with investigators after the deadly shooting.
Spiro suggested that the relationship may have been too close.
"There was a witness there who assisted in the search," Spiro said when asking about the warrant served on the truck. "A man named Seth Kenney. And not only did he assist, he actually was the one that opened the safe."
"Yes, he had the combination to it," Poppell said.
Special prosecutor Kari Morrissey in her redirect questioning of Poppell sought to render irrelevant the defendant's approach by asking whether Alec Baldwin was charged with involuntary manslaughter because he brought live rounds onto the set or loaded them into his gun. Poppell answered "no" to both, the Associated Press reported.
Morrissey moved on to Kenney, asking Poppell if she had "any evidence that Seth Kenney is the source of the live rounds on ‘Rust.’" Poppell said no, then agreed there was evidence that Hannah Gutierrez-Reed — the film's armorer who has already been convicted of involuntary manslaughter in the shooting — had brought the ammunition, which she said was given to her by her father.
The prosecution was critical of defense questions to Poppell about bullets brought into the sheriff's department after the Gutierrez-Reed trial earlier this year by a good Samaritan who said the ammunition was the source of the round that killed Hutchins and that Kenney had duped authorities.
Spiro said that Poppell had "buried" this evidence and it had not been shared with the defense in either Baldwin's case or that of Gutierrez-Reed.
3:30 p.m. ET: Judge allows prosecution to use statements from Alec Baldwin
Judge Mary Marlowe Sommer sided with the prosecution in letting in key statements from the actor that demonstrate his knowledge of guns and the impact of blanks.
1 p.m. ET: Testimony focusing on gun and ammunition evidence
Special prosecutor Erlinda Ocampo Johnson said the behind-the-scenes video would show Baldwin casually disregarding basic firearm safety.
"You will see him using this gun as a pointer to point at people, point at things," Ocampo Johnson said. "You will see him cock the hammer when he is not supposed to cock the hammer, you will see him put his finger on the trigger when his finger’s not supposed to be on the trigger."
Thursday's testimony is expected to focus largely on the collection of evidence and the revolver Baldwin used.
Jurors and alternate jurors scribbled notes as they listened to testimony. Jurors have their own close-up view of visual exhibits, with six monitors installed in the jury box.
12 p.m. ET: Defense attorney calls shooting ‘unspeakable tragedy’
Baldwin's attorney Alex Spiro emphasized in his opening statement that Baldwin on the "Rust" set did what actors always do.
"He must be able to take that weapon and use it in the way that the person he’s playing would," Spiro told jurors.
Baldwin has said the gun fired accidentally, but Spiro said that it still would not be manslaughter even if he had willfully fired it, the Associated Press noted.
"On a movie set, you're allowed to pull that trigger," said Spiro.
Spiro called the shooting an "unspeakable tragedy" and that an "amazing person" dies, but said the responsibility lies with the film's armorer Hannah Gutierrez-Reed, who has already been convicted of involuntary manslaughter, and of assistant director David Halls, who told Baldwin the gun was "cold."
11 a.m. ET: Crime scene technician questioned
Wednesday started with testimony from crime scene technician Marissa Poppell, and allowed jurors to see the revolver and the spent round from the shooting.
Baldwin's attorney Alex Spiro on Thursday asked Poppell specific questions about how she collected and handled the gun and ammunition evidence. He was frequently interrupted by objections from the prosecution and sidebars with the judge.
Wednesday started with testimony from Poppell, and allowed jurors to see the revolver and the spent round from the shooting.
10:30 a.m. ET: Prosecutors say Baldwin played ‘make-believe’ with gun on set
Special prosecutor Erlinda Ocampo Johnson repeatedly referred to Baldwin playing "make-believe" with a revolver on the set of the film "Rust," and said it led to very real danger and the death of cinematographer Halyna Hutchins, whom she called "a vibrant 42-year-old rising star."
Prosecutors tried to cast Baldwin as someone who "flouts rules" and has little regard for safety at the first day of his New Mexico trial in the shooting of Hutchins, the Associated Press reported.
9:30 a.m. ET: 1st witness to take stand was officer who first arrived at scene
The first witness who took the stand on Wednesday Nicholas LeFleur, the first law enforcement officer to arrive at the movie set at Bonanza Creek Ranch after the shooting, and his lapel camera video gave jurors a glimpse of the chaotic scene: a grim view of an apparently unconscious Hutchins as LeFleur and others worked to revive her.
Alec Baldwin 'Rust' shooting bodycam released
Police have released body camera footage from the scene of the "Rust" film set where Alec Baldwin fatally shot Halyna Hutchins while filming a scene for the movie. The shooting is still under investigation and a wrongful death lawsuit has been filed against the production and Baldwin on behalf of Hutchins' family.
Later in the video, LeFleur can be seen telling Baldwin not to speak to the other potential witnesses, but Baldwin repeatedly does.
"Was Mr. Baldwin supposed to be talking about the incident?" special prosecutor Kari Morrissey asked him.
"No ma’am," LeFleur replied.
"Does he appear to be doing it anyway?" Morrissey asked.
"Yes, ma’am," LeFleur said.
‘Rust’ movie shooting
Full video: What Hutchins family attorneys claim happened on 'Rust' set
In support of their wrongful death lawsuit against Alec Baldwin and others involved in the 'Rust' movie production, lawyers for the family of slain cinematographer Halyna Hutchins released their version of events around the on-set gunshot that left her dead in October. (DK GLOBAL)
A dozen people were inside a movie set church the day Alec Baldwin shot and killed cinematographer Halyna Hutchins and wounded director Joel Souza during a rehearsal for the Western film "Rust." It happened Oct. 21, 2021.
The crew was rehearsing in the small church on the movie set at Bonanza Creek Ranch in New Mexico.
Baldwin, the lead actor and co-producer of the film, has claimed the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that it was loaded with a live round, he said he pulled back the hammer — not the trigger — and it fired.
A judge has ruled his role as co-producer of the film is not relevant to the trial, a significant victory for the defense.
RELATED: Rust movie shooting: Jury convicts movie armorer of involuntary manslaughter
Alec Baldwin trial
Alec Baldwin’s trial, which is taking place in Santa Fe, began the week of July 9 with jury selection. It’s expected to last nine days, with opening statements on Wednesday, July 10, and closing statements Friday, July 19, if things stay on schedule.
Baldwin is charged with felony involuntary manslaughter, and prosecutors have two alternative standards for proving the charge:
- Baldwin carried out negligent use of a firearm.
- Baldwin acted with total disregard of indifference to the safety of others.
The 12 jurors will have to reach just one verdict — guilty or not guilty — on a single count.
Two major themes are likely to emerge through questioning: the chaotic atmosphere of the movie set, and the details of the Italian-made classic revolver that Baldwin pointed at Hutchins.
The trial will be streamed and broadcast by several outlets, including LiveNOW from FOX. Here’s how to watch.
Viewer discretion is advised, as the judge ruled graphic images from Hutchins' autopsy and from police lapel cameras during the treatment of her injuries could be shown.
RELATED: Where to watch LiveNOW from FOX
Is Alec Baldwin in jail?
No, Alec Baldwin has not been in jail while awaiting trial.
Baldwin remained free pending trial under conditions that include not possessing firearms, consuming alcohol or leaving the country. Baldwin can have limited contact with witnesses when it comes to promoting "Rust," which has not been released for public viewing. Baldwin is prohibited from asking members of the "Rust" cast or crew to participate in a related documentary film.
Will Alec Baldwin go to jail?
Baldwin, 66, could get up to 18 months in prison if jurors unanimously decide he committed the felony.
RELATED: 'Rust' movie medic awarded $1.15 million partial settlement
Judge Mary Marlowe Sommer
Judge Mary Marlowe Sommer is presiding over Alec Baldwin’s trial.
She also presided over the trial of Hannah Gutierrez-Reed, who was working as an armorer on "Rust" when the deadly shooting happened. Gutierrez-Reed was convicted of involuntary manslaughter and sentenced to 18 months, the same charge and sentencing Baldwin faces.
When sentencing Gutierrez-Reed in April, the judge told the defendant that anything less than the maximum sentence would not be appropriate, citing what she called recklessness.
If Gutierrez-Reed's trial is any indication, Marlowe Sommer will keep the attorneys on track and on schedule in what will be a high-profile proceeding.
Megan Ziegler and The Associated Press contributed to this report.