Alec Baldwin’s ‘Rust’ trial: The actor’s fault in the shooting was denied in an open statement

Prosecutors denied Alec Baldwin acted recklessly and “violated the cardinal rules of firearms safety” during the filming of “Rust,” while the defense said the actor “did no crime” in the “unspeakable tragedy,” in opening statements Wednesday at the murder trial. through 2021 fatal on-set shooting.

Baldwin was practicing the cross-drawing in the church in Santa Fe Western plane when the Colt .45 revolver fired a live round, fatally striking 42-year-old cinematographer Halyna Hutchins and wounding director Joel Souza.

Baldwin was charged by a grand jury with involuntary manslaughter in connection with Hutchins’ death earlier this year after prosecutors previously dropped the charge. He pleaded not guilty.

“The evidence will show, mothers and fathers, as in many workplaces, there are people who act recklessly and put others in danger, and act without regard for the safety of others,” prosecutor Erlinda Ocampo Johnson told the prosecutors. jury. during his opening statement. “This, you will hear, is the defendant – Alexander Baldwin, the main actor in this film.”

Johnson told jurors that when they heard the revolver referred to as a “prop gun,” it was a real gun that an expert would testify was in proper working order.

He told jurors they would hear about “numerous violations” of firearms safety about Baldwin, from him using it as a cue to cocking the hammer and putting his finger on the trigger when he shouldn’t have.

When handling the firearm before shooting, Baldwin “would do his own thing,” including having his finger on or around the trigger during two draws, Johnson said.

“The evidence will show that the third and fatal time, he took it again, quickly,” Johnson said. “He pulled out the hammer, pointed it directly at Miss Hutchins and fired the gun, sending a bullet directly into Miss Hutchins’ body.”

Baldwin has maintained that he did not pull the trigger of the firearm, although the FBI forensic report determined that the gun could not have fired without pulling the trigger.

“After the shooting, the defendant began to claim that he did not pull the trigger. The evidence will show, ladies and gentlemen, that he could not,” Johnson told the jury.

Defense attorney Alex Spiro told jurors that the state will try to “destroy” Baldwin, but that the “most critical issue” in the case is how the bullet lived.

“On this set, there’s a real bullet, which shouldn’t be on a movie set, which has nothing to do with making a movie,” Spiro told jurors during his opening remarks. “You will hear no evidence, no word that Alec Baldwin had anything to do with the actual bullets he brought to the set.”

He said it is the armorer’s responsibility to ensure that the firearm is safe, and loading live bullets has nothing to do with Baldwin.

“No one knows that this toxic and toxic element has been put into the magic they’ve created,” Spiro said. “But it did. It went into that place. It killed a wonderful man, it wounded another, and it changed his life forever.”

Spiro said when the gun was handed to Baldwin, “cold gun” announced, indicating it was safe. When he was fired, everyone on set was “shocked,” he said.

“Alec was shocked. He immediately said, ‘I didn’t shoot on purpose. I didn’t pull the trigger,'” Spiro said.

Spiro said Baldwin didn’t pull the trigger but in movies “you’re allowed to pull the trigger.” Even if the state can prove that Baldwin intentionally pulled the trigger, “that does not make him guilty of murder,” said Spiro.

“He didn’t know, or had reason to know, that the pistol was loaded with live bullets,” Spiro said. “That’s the key. The live bullet is the key. It’s the lethal element.”

The jury was selected on Tuesday. The trial is now scheduled for July 19. That does not include deliberation.

Prosecutors sought to argue during the trial that, as the film’s producer, Baldwin was responsible for the unsafe conditions on the set. However, during a pretrial hearing on Friday, Judge Mary Marlowe Sommer refused to use evidence of her role as a producer during the trial.

The judge also ruled that footage from the “Rust” set showing Baldwin’s handling of a firearm could be admitted as evidence at trial, but that video of him yelling or cussing the crew to hurry up was not relevant in the case.

Baldwin, 66, is the second person to stand trial in connection with the fatal shooting.

The film’s armorer – 27-year-old Hannah Gutierrez – was found guilty of involuntary manslaughter in March. Prosecutors say he repeatedly failed to maintain proper firearm safety and brought several rounds directly onto the set — including the one that killed Hutchins.

His attorney told ABC News on Tuesday that he has been informed that he will be called to testify on Friday and plans to invoke the Fifth Amendment.

Marlowe Sommer denied last month the state’s request to use immunity to compel Gutierrez’s testimony during Baldwin’s trial. Prosecutors requested immunity so that Gutierrez’s testimony could not be used against him on appeal. In a pretrial interview in May, Gutierrez asserted his Fifth Amendment privilege against self-incrimination, prosecutors said.

Last year, David Halls, the first assistant director of the film which has conducted a safety check on the Colt .45 revolver before the shooting, received a plea deal in the case after which he was charged with verbal use of a deadly weapon. He was sentenced to six months of unsupervised probation.

He may also be called to testify during the trial, according to court records.