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Defense blames others on set for 'Rust' shooting

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SANTA FE 鈥 The people responsible for ensuring the safety of firearms on the 鈥淩ust鈥 movie set failed to do their jobs the day a gun went off in Alec Baldwin鈥檚 hand, fatally shooting the cinematographer, his attorney told jurors Wednesday.

Baldwin was an actor 鈥渋n his role鈥 as Old West gunslinger Harlan Rust, performing his job as he had done for decades, Baldwin鈥檚 attorney, Alex Spiro, said in opening statements.

Testimony began Wednesday in Baldwin鈥檚 trial on a felony charge of involuntary manslaughter in the shooting death of Halyna Hutchins on Oct. 21, 2021, on the 鈥淩ust鈥 movie set near Santa Fe.

Prosecutors allege that Baldwin, 66, pointed a prop .45-caliber revolver at Hutchins, pulled back the hammer and pulled the trigger, firing a live round that killed Hutchins, 42.

鈥淭his was an unspeakable tragedy, but Alec Baldwin committed no crime,鈥 Spiro said in opening statements.

鈥淭he evidence will show that on a movie set, safety has to occur before the gun is placed in the actor鈥檚 hands,鈥 Spiro said. 鈥淭he actor鈥檚 job is to act, to rehearse, to choreograph his moves, to memorize his lines. His mind is somewhere else in the being of another, a century away. He must be able to take that weapon and use it as the person he鈥檚 acting would.鈥

Baldwin, sitting at the defense table, removed his horn-rimmed glasses and listened intently as Spiro spoke to jurors, sometimes leaning forward and folding his hands.

Baldwin鈥檚 wife, Hilaria Baldwin, and brother, actor Stephen Baldwin, were seated in the gallery directly behind the defense table.

Testimony in the 1st Judicial District Court trial is expected to continue through July 19 before Judge Mary Marlowe Sommer.

The ordinary rules of gun handling don鈥檛 apply to actors on movie sets, Spiro said.

鈥淚 don鈥檛 have to tell you much more about this because you have all seen (movie) gunfights,鈥 Spiro told jurors. 鈥淎nd the reason that can happen is because safety is ensured for the actor.鈥

On the 鈥淩ust鈥 movie set, the armorer, Hannah Gutierrez Reed, and assistant director and safety supervisor had the job of ensuring gun safety, he said.

鈥淥n this movie set, there were people responsible for ensuring the safety of the set and the firearm,鈥 Spiro said. 鈥淭hose people failed in their duties.鈥

The day of the shooting, the armorer loaded the gun and the first-assistant director, David Halls, shouted 鈥渃old gun,鈥 indicating it contained no live bullets or even blank rounds, which make a sound when fired.

鈥淐old guns can鈥檛 hurt people,鈥 Spiro said. 鈥淚t鈥檚 impossible 鈥 literally impossible 鈥 for a cold gun to hurt somebody.鈥 Baldwin and others acted under the belief that the gun was harmless, he said.

Prosecutors said that the argument that movie sets are 鈥渕ake believe鈥 doesn鈥檛 exonerate Baldwin鈥檚 handling of a firearm the day of the shooting.

鈥淲hile it was a movie set, it was a real-life workplace for many people,鈥 special prosecutor Erlinda Johnson said in opening statements.

Johnson began her opening by showing jurors a photograph of Hutchins posing in front of the church where she was fatally shot.

鈥淭he evidence will show that someone who played make-believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin,鈥 Johnson said in opening statements.

Johnson said jurors will view videos made in the days leading up to the shooting that show Baldwin recklessly handling a firearm.

鈥淵ou will see him use this gun as a pointer to point at people,鈥 Johnson said the videos will show. 鈥淵ou will see him cock back the hammer when he is not supposed to cock back the hammer. You will see him put his finger on the trigger when his finger is not supposed to be on the trigger.鈥

Johnson also said 鈥淩ust鈥 was on a tight budget and that the armorer, Gutierrez Reed, was young and inexperienced.

Gutierrez Reed, 27, was convicted on March 6 of involuntary manslaughter in Hutchins鈥 death following a closely watched trial. Marlowe Sommer in April sentenced Gutierrez Reed to 18 months in prison.

Baldwin also faces 18 months in prison if convicted on the same charge.

鈥淓ach time (Baldwin) handled this firearm, he did not do a safety check with that inexperienced armorer,鈥 Johnson said. 鈥淎nd you will hear that the reason he didn鈥檛 do a safety check is because he didn鈥檛 want to offend鈥 Gutierrez Reed, she said.

Witnesses for the prosecution also began testimony Wednesday, much of it familiar from earlier testimony in the Gutierrez Reed trial.

Santa Fe Sheriff鈥檚 Office crime scene investigator Marissa Poppell testified that five live rounds, and a sixth spent shell casing, were collected from the 鈥淩ust鈥 movie set.

One of those live rounds was found in a gun belt worn by Baldwin, Poppell said. They were among at least 1,000 rounds of ammunition found on the movie set.

Investigators sent the .45-caliber revolver used in the shooting to the FBI and requested a 鈥渄rop test鈥 to determine whether the gun would fire without pulling the trigger, Poppell said.

Investigators also found live rounds at an Albuquerque business, PDQ Arm and Props, which supplied guns and ammunition to the 鈥淩ust鈥 production, she said.

The FBI determined that the gunpowder found in the live rounds collected from PDQ Arm and Props differed from the gunpowder found in the live rounds found on the 鈥淩ust鈥 set.