Alec Baldwin's criminal trial for the fatal shooting of “Rust” hinges on a single question: Was it the Hollywood actor's responsibility to perform a safety check on his gun?
Baldwin’s trial on manslaughter charges in the 2021 death of cinematographer Halyna Hutchins began Wednesday with a prosecutor telling jurors that Baldwin acted negligently because he never bothered to check his gun and frequently went off script during production of the low-budget Western near Santa Fe.
Then, during the ill-fated rehearsal on Oct. 21, 2021, Baldwin unexpectedly cocked the hammer of his prop gun and pulled the trigger in a reckless act that caused Hutchins' death, special prosecutor Erlinda O. Johnson alleged.
One of Baldwin's attorneys gave jurors a radically different account.
The real problem wasn't that Baldwin tampered with his gun; that's what actors do, said Baldwin's attorney, Alex Spiro. During his opening statement, Spiro suggested the real crime was that a live bullet had found its way onto the New Mexico film set.
The film's security officer and weapons expert were the ones who failed to perform their duties, as were the sheriff's deputies who failed to determine the source of the real bullet, Spiro said.
“They didn’t find the fatal bullet, they never found it,” Spiro said. “They were looking for that shiny object and they found another shiny object. Instead of trying to find the source of the fatal bullet, they focused on Mr. Baldwin.”
Spiro suggested that sheriff's deputies and prosecutors were under considerable pressure because “the media was in an uproar.”
Although investigators long considered the shooting an accident, state officials began examining Baldwin's conduct despite knowing he did not bring the bullets onto the set, Spiro said.
Spiro stressed that the film's assistant director and gunsmith, not the actor, were in charge of checking the weapons. Baldwin's role was to realistically portray his character, outlaw Harland Rust, Spiro said.
“At that point he was very focused on his character,” Spiro said. “He was just acting like he has for decades. It was the security experts who let everyone down. Alec Baldwin hadn’t committed any crime.”
In January, Baldwin was charged with involuntary manslaughter. He has pleaded not guilty and is expected to be tried for eight days.
If convicted, he could spend up to 18 months in prison.
“On a film set, you are allowed to pull the trigger,” Spiro said, adding that Baldwin “did not know or have reason to believe that the gun was loaded with a live round.”
After Spiro finished his opening statement and sat down next to Baldwin, the actor hugged his attorney.
The 66-year-old actor and producer arrived at the Santa Fe County Courthouse at 8 a.m. with his wife, Hilaria. His brother Stephen Baldwin sat with Hilaria Baldwin in the second row of the courtroom, behind the defense table.
Famed victims’ rights attorney Gloria Allred sat in the front row behind prosecutors. Allred represents Hutchins’ relatives living in Ukraine, as well as “Rust” script supervisor Mamie Mitchell.
Family members and Mitchell have filed negligence lawsuits against Baldwin and the other producers. The producers deny any wrongdoing.
The film's director, Joel Souza, who was wounded in the shooting but recovered, is expected to testify.
“The director will tell you that many times the actor did what he wanted,” said Johnson, the prosecutor.
He also noted that members of the camera crew had left the set of “Rust” hours before the tragic accident.
“They were concerned about security breaches,” Johnson said.
The 2021 shooting shined a harsh light on New Mexico's vibrant film community.
“We’re not a wealthy state and we work hard to bring industry here and one area that’s really starting to thrive is the film industry,” Santa Fe resident Gail Anderson said Tuesday night.
The filming of “Rust” “revealed how film sets are run and how they need to be run more tightly,” Anderson said.
More than 100 reporters and television camera operators gathered around the courthouse in downtown Santa Fe on Tuesday.
The trial will be broadcast live on Court TV.
In January, grand juries determined there was enough evidence to charge Baldwin with allegedly acting negligently in pointing a loaded gun at Hutchins without first checking to see if the gun had ammunition.
In March, a separate jury found gunsmith Hannah Gutierrez guilty of involuntary manslaughter. The judge sentenced her to 18 months in prison.
Deputy Chief David Halls pleaded guilty last year to negligent use of a deadly weapon and was sentenced to six months' probation, which he completed last fall.
It is now up to the jury to determine whether Baldwin is also guilty.
“I’m not friends with Alec Baldwin, but that man would never intentionally shoot someone on a movie set,” said Anderson, the Santa Fe resident. “It’s a horrible tragedy.”
