Alec Baldwin’s criminal trial is set to begin July 9 in Santa Fe, New Mexico, for his role in the death of Rust Cinematic Halyna Hutchins. The actor was holding a .45-caliber Colt revolver when he fired live ammunition, killing Hutchins and injuring the film’s director. In interviews, Baldwin has maintained his innocence – “I didn’t pull the trigger” – something his lawyers must now prove in court, but the Emmy winner’s alleged guilt is a little more complicated than that.
Baldwin has been charged with manslaughter and faces up to 18 months in prison if convicted. Rust gunsmith Hannah Gutierrez-Reed was convicted of the same charge in March. At Gutierrez-Reed’s sentencing hearing, Judge Mary Marlowe Sommer said the gun handler appeared to show no remorse and handed down the maximum sentence of 18 months.
Baldwin now faces the same judge, the same charge and a new jury. Legal experts explain what this means and what to expect during trial.
Is having the same judge unusual?
Criminal defense lawyer Lauren Johnson-Norrisof the Johnson Criminal Law Group in Irvine, Calif., says it’s “not uncommon.”
“As a result, the judge will already be familiar with many of the facts, but will have to start from scratch to evaluate the evidence when making decisions on motions and objections,” she told Yahoo Entertainment.
On June 28, Judge Sommer denied Baldwin’s final attempt to dismiss the case. The actor’s defense team argued that prosecutors “intentionally” destroyed key evidence as the FBI damaged the firearm while testing whether the weapon could fire without the trigger being pulled. Famous lawyer Chris Melcher tells Yahoo that the judge’s decision is not necessarily indicative of anything, as it will be up to the jury to “evaluate the evidence” during the trial.
Prosecutors face ‘double-edged sword’ in placing blame on Baldwin
Johnson-Norris expects much of the evidence to match that of the Gutierrez-Reed trial surrounding the “events leading up to Hutchins’ death.” But there will be new evidence concerning Baldwin.
“The prosecution needs to prove that it wasn’t all Gutierrez-Reed’s fault. The problem is that Gutierrez-Reed has already been found guilty, so jurors may be confused about whether Baldwin could also be guilty,” she explains.
However, Baldwin wasn’t just the person who handled the gun – a producer of the western film did so as well.
“If the prosecutor focuses on Baldwin’s failure to supervise Gutierrez-Reed, they should emphasize how negligent she was. This goes against her arguments that Baldwin – the actor who held the gun – was also negligent, because Baldwin’s lawyers will blame Gutierrez-Reed,” she continues. “The prosecution will have to elect a theory of the case that makes sense to the jury , and blaming Baldwin for everything is a double-edged sword for them.”
Baldwin’s defense will likely place the blame on Gutierrez-Reed and assistant director David Halls
Gutierrez-Reed’s conviction means a jury found her negligent in Hutchins’ death. As the film’s gunsmith, she was unable to properly check the weapon and ensure there were no live shots. The jury in Baldwin’s trial must decide whether Baldwin the actor or Baldwin the producer is also responsible.
“The first question is whether his role as producer contributed to Gutierrez-Reed’s negligence,” says Johnson-Norris. “Baldwin’s defense team will argue that he did not and could not foresee that Gutierrez-Reed would not do his job properly. The second is whether he was negligent in handling the gun that killed Hutchins. Whether Baldwin trusted Gutierrez-Reed to do this, his work as a producer, of course he would have the same belief as the actor who handles the gun.”
The defense will also likely blame Halls, the film’s assistant director and security coordinator. He handed the gun to Baldwin, who claims it was declared “cold,” meaning it did not contain live ammunition. Halls denied this account but said he did not verify all the rounds. Halls accepted a plea deal early on and received six months of unsupervised probation for a misdemeanor violation of careless handling of a firearm. He testified at Gutierrez-Reed’s trial and is expected to testify again.
Why the Gutierrez-Reed trial could help Baldwin’s defense
The more information, the better. Baldwin’s attorneys examined transcripts from the first trial “to see what evidence was presented, how the judge ruled on objections to the evidence, and how the judge handled any motions filed,” explains Johnson-Norris.
“This gives Baldwin’s defense attorneys an advantage because they will know how the judge might handle different issues and can use that information to strategize,” she adds.
Will Baldwin testify?
It’s unclear, but Melcher would advise Baldwin to testify “because he has already given a media interview about the incident and speaks well.”
“The jury will want to hear from you,” explains Melcher. “As he is a famous person, there may be a star effect where the jury gives him the benefit of the doubt. Alec suffered tremendously and his emotional response to questioning may show that he had no intention of hurting anyone.”
Will Gutierrez-Reed testify?
The prosecution tried to compel her, but she asserted her Fifth Amendment right to remain silent.
“Even though she was convicted of manslaughter, she appealed,” says Melcher. “The prosecutor offered Hannah ‘immunity from use’ so that none of her testimony could be used against her in any subsequent proceedings. Alec listed Hannah as a witness, but objected to the [immunity] movement. The court denied the motion, so Hannah will not be a witness at trial.”
If convicted, Baldwin will likely serve prison time — and appeal
“If Baldwin is convicted, the judge will also consider the sentence he imposed on Gutierrez-Reed and will want to treat Baldwin consistently,” Johnson-Norris said.
Melcher agrees that Gutierrez-Reed’s 18-month sentence “should be of great concern to Alec.”
“Alec pointed the gun at director of photography Hutchins and director Joel Souza, fatally shooting Halyna and injuring Joel, without checking to see if the gun was unloaded,” he states. “Alec is at serious risk of incarceration when he goes to trial.”
If convicted, Baldwin will likely appeal the decision, as Gutierrez-Reed did.
