Tears and then a long hug to his wife. Alec Baldwin thus accepted the dismissal of the trial which saw him accused of manslaughter for the death of the director of photography Halyna Hutchins, which occurred on the set of Rust in 2021. Judge Mary Marlowe Sommer, who presided over the Santa Fe courtroom, in New Mexico, closed the case unexpectedly, after the defense demonstrated that investigators hid from the defense the existence of some bullets found at the crime scene.
The decision puts an end to an almost three-year legal case for the Hunt for Red October star. In October 2021, Baldwin was rehearsing a scene where he pointed the gun straight into the camera when the gun fired and the bullet struck the 42-year-old behind the camera, killing her. The person in charge of the weapons on the set, 27-year-old Hannah Gutierrez, is serving 18 months in prison for manslaughter. Baldwin, 66, protagonist but also producer of Rust, was facing the same charges and risked the same punishment: according to the prosecutor's office he had ignored safety laws and acted with superficiality and negligence.
The criminal trial against him opened on Tuesday and the media expected at least two weeks of proceedings. Surprisingly however, the accusation crumbled at the third hearing.
Defense lawyers have always argued that it was not the actor's responsibility to make sure the gun had not been loaded with real ammunition. But since Thursday, they have changed strategy, focusing on a formal flaw in the investigation of the case. Defense attorney Alex Spiro questioned a witness who admitted that some shell casings collected at the crime scene (and therefore potentially linked to the shooting) were handed over to the police by a "good Samaritan" earlier this year, more than two years after the incident. The investigators did not notify the defense, which was not able to examine them.
Prosecutor Kari Morrissey was quick to respond that she had never seen or heard of these bullets. The judge then suspended the hearing and took a few hours to examine the matter in light of the new elements. Then he decided: "The late discovery of this evidence during the trial prevented the effective use of it, so much so as to undermine the fundamental fairness of the proceedings. If this conduct does not amount to bad faith, it certainly comes very close," declared Marlowe Sommer.
The proceeding which collapsed yesterday is the second brought against the Hollywood star for the Hutchins incident which ended before the sentence. Two prosecutors who had initially investigated the case had to withdraw last year due to incompatibility with state positions, forcing the prosecution to start over again.
The trial of Alec Baldwin had its emblematic moment this Friday. It is that moment that becomes the turning point in a judicial process. OJ Simpson had it when he tried on those black gloves. Hope for Baldwin's acquittal came in a small mustard-colored envelope. This included several .45 caliber bullets like the ones that killed Halyna Hutchins on October 21, 2021 on the set of Rust. These were delivered to the police last March by a “good Samaritan” who claimed to have the desired evidence that everyone was looking for. The defense assures that this evidence was buried and considers that they have sufficient force to annul the accusation of involuntary manslaughter that falls on the actor and producer of the western. It has been the script twist expected in the film trial.
“You have given prosecutors opportunities time and time again, but dismissing the case is the correct remedy at this time,” said Luke Nikas, one of the lawyers representing Baldwin. The defense presented a motion on Thursday night to annul the process “without prejudice,” which would prevent the actor from being accused of the crime again. In the document they claim that the Prosecutor's Office “hid” evidence that pointed to Seth Kenney, who was the supplier of weapons and ammunition for the production. Kenney has been cleared of suspicion throughout the investigation, since it has not been proven that the real bullets that arrived on the set came from his warehouse. Nikas claims that this evidence, if taken into account, would benefit his client.
The prosecution has highlighted how problematic this evidence is. These bullets were handed over to the police on March 6, two years and four months after the incident and once Hannah Gutierrez-Reed, the production's gunsmith, had been found guilty of involuntary manslaughter. The bullets were provided to authorities by Troy Teske, a retired police officer who had also been a judge in Arizona. Teske presented them, stating that they were Starline Brass brand nickel, similar to those found at the filming.
Prosecutor Kari Morrissey assures that Teske is a character who has murky motivations in this case. “Mr. Teske is a friend of Hannah Gutierrez-Reed's father,” she reminded the court this Friday. Rust's inexperienced gunsmith was looking to follow in the footsteps of her dad, Thell Reed, a veteran industry expert who worked on films like The Legend of Wyatt Earp, The 3:10 to Yuma, and the classic LA Confidential. Gutierrez-Reed, who is serving an 18-month prison sentence, was scheduled to testify this afternoon, but the drama of the new evidence forced her to change her plans.
The presence of the new bullets has created moments of tension within the Santa Fe court. Everyone was talking about those projectiles, but no one had seen them. The prosecution offered to make them present. A police officer handed the envelope to Judge Mary Marlowe Sommer, who opened it. The contents were placed in the center of the room, where they were analyzed by the prosecutors and Alex Spiro, another of Baldwin's lawyers. The revelation caused surprised faces in many, including the togada. All of this was done with the jury absent, since the evidence had not yet been admitted to the public record of the trial.
The discovery brought Marissa Poppell, the police expert who gathered the first evidence in the case, back to the stand. Poppell was pressured for hours by the defense on Thursday. Alex Spiro returned to the fray this Friday, without the jury being in the room. Judge Sommers sent the panel of 16 citizens to her home until Monday.
“When Seth Kenney enters the Police Department with ammunition and tells them that it is from the film set, they process it and include it with the rest of the evidence. Someone else, a former police officer, does the same thing and tells them that it is evidence, they don't take it seriously,” said the lawyer in an accusatory style.
“He told us almost three years later, after a trial (...) and he told us that it was evidence that the defense wanted and could no longer use. It was he who used the word evidence,” responded Poppell, who was once again put on the ropes.
Spiro accused her of negligence, Poppell prepared the report where he admitted having received Teske's bullets a month later. “What did she do that whole month?” Spiro charged again. “I was out of town visiting my dying mother,” the crime scene analyst responded.
The lawyer did not let go of his prey. And he read to the room the notes that Poppell's superior made to the new discovery in the case. “It should be noted that this is not real evidence,” said a lieutenant. “I have never seen such a sentence in a police report in my life,” said the lawyer. Teske's bullets were processed with a different number of evidence than the rest of the evidence collected in the case. “This was buried by the police despite it being critical evidence. It was a perfect plan by the police, it worked very well for them,” he added.
When Spiro finished his shift, Baldwin was another. He had an almost moved face, as if he was about to release a few tears. From that moment on, the actor looked relaxed inside the court, a sharp contrast to how serious and tense he appeared in the first two days. He stood up at times and spoke to his wife, Hilaria, who has not left her seat behind her husband's back in the public area. Baldwin was even seen smiling. His defense has delivered an important coup this Friday.
