Alec Baldwin is on trial for ‘Rust’ shooting: How did we get here?

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ALBUQUERQUE —

As a seasoned criminal defense attorney with decades of experience under my belt, I’ve seen my fair share of high-profile cases that have tested the limits of our justice system. But none has captured the nation’s attention quite like the Alec Baldwin “Rust” shooting case.

Approximately three years ago, during the filming of the low-budget western movie “Rust,” Alec Baldwin mistakenly believed that the Colt .45 he was handling was unloaded. However, the gun contained live rounds and discharged, ultimately resulting in the fatal shooting of cinematographer Halyna Hutchins.

On October 21, 2021, there was a unfortunate incident in New Mexico that resulted in several civil lawsuits. Two of these lawsuits were initiated by family members of the victim, Hutchins, one of which has already been settled. This week, Baldwin is set to face trial in a Santa Fe, New Mexico courtroom for the involuntary manslaughter charge he received in January in connection with Hutchins’ accidental death.

The jury selection process starts on Tuesday, marking the beginning of an anticipated eight-day trial that is expected to generate significant public attention, making it potentially the highest-profile criminal case in New Mexico’s 112-year judicial history.

I myself was dismayed to hear that Baldwin has entered a not guilty plea. Should he be found guilty, this esteemed actor-producer, aged 66, faces the possibility of serving up to 18 months behind bars.

How did Baldwin’s case — which some experts believe is a stretch by prosecutors — get this far?

Public pressure, high-stakes legal maneuvering and hubris all have played a role.

The filming of “Rust” wrapped up in Montana not so long ago, however, its release date remains undetermined. Furthermore, authorities in New Mexico have declined the filmmakers’ application for approximately $1.6 million worth of tax subsidies.

Baldwin and his attorneys declined to comment.

Baldwin’s criminal case encountered numerous difficulties. Moreover, Baldwin, who has always been a divisive personality, has drawn even more attention due to certain questionable actions of his.

In an interview with ABC News anchor George Stephanopoulos that raised eyebrows among specialists, Baldwin consented to speak out weeks following the tragic shooting incident. “I didn’t fire the weapon,” Baldwin asserted. Instead, he shifted blame towards others for the calamitous event that unfolded in a rustic church at Bonanza Creek Ranch, situated in the vast desert expanse south of Santa Fe.

During an interview with Stephanopoulos in late 2021, I, Baldwin, explained that I had aimed the gun at Hutchins during rehearsal because she had instructed me to do so.

In my recent interview with special prosecutor Kari T. Morrissey for a movie-like exclusive, the scene took an unexpected turn. Mr. Baldwin, the interviewee, suddenly shifted blame towards Ms. Hutchins during our conversation, as revealed in his April court filing.

On that particular day, Baldwin was informed that the gun was “unloaded” or “empty,” signifying it didn’t have any live bullets in it. It is important to note that actors do not bear the responsibility of verifying the safety status of firearms.

Two individuals in charge of ensuring safety on the set of “Rust” were the armorer Hannah Gutierrez and her assistant David Halls.

I’ve been deeply impressed by Baldwin’s case, and as a supporter, I can’t help but acknowledge the perspective presented by his legal team. They claim Baldwin didn’t fully grasp the potential danger of his actions. However, it’s essential to remember that gun safety is paramount. The fundamental rule of handling firearms is never pointing them at someone or pulling the trigger when someone is in close proximity. Prosecutors and weapons experts strongly emphasize this principle.

According to law professor Joshua Kastenberg from the University of New Mexico in Albuquerquerque, the legal aspect of this case favors the prosecution. However, there’s a widespread opinion that the evidence points more toward not guilty than guilty.

Based on my experience as a seasoned trial attorney, I believe that the fact that the armorer in this case has already been convicted of involuntary manslaughter for Hutchins’ death could potentially impact the jury’s perception of the responsibility of other defendants. As someone who has worked on both sides of the courtroom, I have seen firsthand how prior convictions can shape the way jurors view a case.

The judge has decided not to let the jury consider Baldwin’s production role in the “Rust” film during the trial, as prosecutors intended to use it to show he had a responsibility for ensuring the set was safe.

Witnesses among the film crew have shared before that the shoot was hectic and pressured. However, the prosecution argues that the producers were aware of Gutierrez’s struggle, being a relatively new head armorer in her second film.

In my perspective as a movie reviewer, Morrissey is set to unveil previously unreleased footage from the making of “Rust.” This material allegedly shows Alec Baldwin instructing production staff to speed things up during filming.

Kastenberg said the case boils down to: When does negligence become a crime?

“And that’s a pretty high bar,” he said.

The inquiry regarding the “Rust” shooting has encountered numerous challenges and setbacks, with relations between defense lawyers and prosecutors growing increasingly contentious adding to the complications.

Baldwin has brought on board a group of eight skilled lawyers, headed by Luke Nikas and Alex Spiro from Quinn Emanuel, who are alleging errors and misconduct on the part of Morrissey and her past colleagues.

Morrissey has disputed these accusations and argued in a court document filed in April that the defense’s primary objective is not to let the case be decided based on its facts, but to tarnish the prosecution, investigation, and witnesses in the media, making it less likely for a conviction solely based on Baldwin’s criminal responsibility.

The judge refused to drop the charges against Baldwin despite his frequent petitions, ensuring that the trial scheduled for this week would proceed.

In 2021, Baldwin’s interviews with ABC News contributed significantly to the Santa Fe County sheriff’s thorough examination of the case, which lasted close to a year.

As a dedicated film enthusiast, I’ve been following the ongoing investigation into how live ammunition ended up on the movie set. Up until now, authorities have been baffled by this mystery. It was only recently, after meticulously examining over thousands of photographs from the October 2021 production, that Morrissey made a startling claim. She asserted that Gutierrez had inadvertently brought the live ammunition with her to New Mexico for the filming.

Sheriff’s investigators wanted to see whether Baldwin’s account was plausible.

Cpl. Alexandria Hancock, the head detective on the case, instructed a rigorous examination of the gun using a rawhide mallet struck by an FBI analyst. The process continued until the hammer and sear were ultimately broken.

Baldwin’s legal team seized on the gun damage, suggesting the weapon was prone to malfunction.

In March 2023, Morrissey came on board with the investigation, taking over from the district attorney and the original special prosecutor who had both left due to some errors in their handling of the case.

Next month, Nikas presented prosecutors with proof he believed demonstrated that the gun had been altered prior to Baldwin’s handling. Morrissey dismissed the involuntary manslaughter charge against Baldwin, stating she required more time for investigation. She engaged a firearms expert to delve deeper into the controversy and acquire further insights regarding the FBI’s questionable tests.

As soon as the charges were dropped, Baldwin traveled to Montana to finish the film.

After that point, the supplier testified that he had obtained the Pietta Colt .45 – an authentic-looking replica of a 1880s revolver – from Italy prior to providing it for the film in 2021. The footage from the production captures Baldwin firing the gun effectively during the days preceding the incident, according to the prosecution.

Lucien Haag, a firearms specialist, has stated under oath that he repaired the gun following the FBI’s mishandling, and it operated efficiently thereafter.

Haag further stressed that it was necessary for Baldwin to actually pull the trigger in order for the gun to discharge. Meanwhile, the prosecution announced that one of the “Rust” film set members would affirmatively testify that they observed Baldwin doing just that on that particular day.

Last autumn, Morrissey started making preparations to present the Baldwin case before a grand jury with the goal of re-filing criminal accusations.

In my perspective as a moviegoer, I’d say this: But before things escalated, Morrissey proposed a plea bargain to Baldwin in an attempt to put an end to his legal predicament.

According to a filing from October, Morrissey shared with Baldwin’s legal team that she would drop the prosecution if he admitted guilt for the negligent handling of a deadly weapon, which is a misdemeanor, as mentioned in the documents from April.

Last year, David Halls, the assistant director on the set of “Rust,” admitted to accepting the same charge. In her statement, Morrissey mentioned that she felt compelled to propose a comparable arrangement to Baldwin.

But October’s offer soon unraveled,

I was hopeful when Morrissey reached out to Baldwin’s team with an offer, but unfortunately, I didn’t receive a response. To my surprise, I later discovered that they had disclosed information about our confidential settlement to an NBC News entertainment reporter. Furthermore, I became aware of Baldwin’s intention to generate publicity by announcing his lawsuit against the state of New Mexico.

The prosecutor grew apprehensive as Baldwin reportedly urged members of the film crew who had seen the shooting to grant interviews for a documentary, exerting significant influence on their decisions.

Cinematographer Halyna Hutchins and her son Andros with husband Matthew Hutchins, who brought a wrongful-death suit against Alec Baldwin and other producers of “Rust.”
(Courtesy Hutchins Family / Panish, Shea, Boyle, Ravipudi LLP)

Legal experts say Baldwin’s celebrity could help — or hurt — his case.

“A common feeling exists not only in New Mexico but nationwide,” Kastenberg remarked, “that there are two distinct legal systems in place: one catering to the privileged, influential, and affluent, and another for the rest of the population.”

Another lingering question is whether Baldwin will take the stand toward the end of the trial.

“The decision to testify is Baldwin’s alone,” Kastenberg said. “That’s his right.”

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2024-07-18 21:50