Alec Baldwin's trial commences with jury selection, following the fatal 'Rust' shooting incident.
Jury selection for Alec Baldwin's manslaughter trial is set to begin Tuesday, following the 2021 fatal shooting of a crew member on the "Rust" film set in Santa Fe, New Mexico.
The incident occurred when Baldwin, practicing a cross-draw in a church on the Western film set, fired a Colt .45 revolver loaded with a live round, which struck and killed 42-year-old cinematographer Halyna Hutchins.
Baldwin, 66, who also served as a producer on the film, was indicted by a grand jury earlier this year on involuntary manslaughter charges related to Hutchins' death, after initial charges were dropped. He has pleaded not guilty.
Jury selection is expected to last one day, with the trial set to continue until July 19.
Baldwin has consistently claimed that he did not pull the trigger. However, an FBI forensic report concluded that the gun could not have discharged without the trigger being pulled.
Prosecutors aimed to argue that Baldwin, as a producer, was responsible for unsafe conditions on the set. However, Judge Mary Marlowe Sommers ruled against this argument in an evidence hearing on Monday.
Defense attorney Luke Nikas argued that suggesting Baldwin's liability as a producer due to recklessness was "far more prejudicial than it is probative" and should be excluded. Conversely, prosecutor Erlinda Ocampo Johnson contended that it was relevant to show Baldwin's awareness of his safety obligations and his control over set safety.
Marlowe Sommers decided that the probative value did not substantially outweigh the potential for unfair prejudice and confusion for the jury.
The judge also ruled that footage from the "Rust" set showing Baldwin's handling of the firearm could be admitted as evidence, but videos of him yelling or cursing at the crew were deemed irrelevant.
In the lead-up to the trial, Baldwin's defense team filed several motions to dismiss the indictment, all of which were denied.
Marlowe Sommers also denied a request from the state to use immunity to compel testimony from the film's armorer, Hannah Gutierrez. Gutierrez, 27, was convicted of involuntary manslaughter in connection with the shooting and sentenced to 18 months in prison, the maximum possible. She has appealed her conviction.
Prosecutors sought immunity for Gutierrez so her testimony could not be used against her in her appeal. However, at a pretrial interview, Gutierrez invoked her Fifth Amendment right against self-incrimination.
In her ruling, Marlowe Sommers noted that Gutierrez indicated she would not testify and that she hadn't heard anything from Gutierrez that couldn't be testified to by someone else. Gutierrez could still be called to testify but without immunity.
Additionally, Marlowe Sommers allowed the testimony of a "Rust" crew member who claimed to have witnessed the shooting and saw Baldwin pull the trigger.
Potential witnesses for both the prosecution and defense include David Halls, the film's safety coordinator who received six months of unsupervised probation related to the shooting, and "Rust" director Joel Souza, who was also injured by the live bullet. Both have previously testified during Hannah Gutierrez's trial.
During Gutierrez's trial, footage was shown of Baldwin on the "Rust" set, including a scene where he fired a gun after the director called "cut." In her closing argument, Prosecutor Kari Morrissey highlighted Baldwin's role in the incident, stating, "Alec Baldwin's conduct and his lack of gun safety inside that church on that day is something that he's going to have to answer for. Not with you and not today."
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