Special Prosecutor Asserts Alec Baldwin's Recklessness on 'Rust' Set In Opening Statement

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Special Prosecutor Erlinda Ocampo Johnson began her opening statements by presenting her case against Alec Baldwin, alleging recklessness on the set of the film "Rust." Johnson's argument centered on Baldwin's failure to adhere to basic firearm safety protocols and his mishandling of the weapon that led to the tragic death of cinematographer Halyna Hutchins.
"The 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," Johnson stated. She informed the jury that Baldwin had requested the "biggest gun" available for the movie and that the firearm was sold to the "Rust" set in "perfect" working order. Johnson emphasized Baldwin's repeated failure to conduct safety checks with the on-set armorer, Hannah Gutierrez-Reed, even citing footage of Baldwin during safety training "running around, shooting his gun."
Johnson described the critical day Hutchins was shot, highlighting Baldwin's failure to perform a safety check. "You will learn that one of the rounds in that revolver was a real round, and the evidence will show that Ms. Gutierrez then handed the gun to the defendant," Johnson said. "And what you will learn is that, once again, the defendant failed to do a gun safety check with this armorer."
Despite Baldwin's emphatic claim that he did not pull the trigger, the prosecution insisted this was not true. Johnson asserted that video footage would show Baldwin using the firearm on set multiple times without any mechanical issues. Additionally, forensic experts from the FBI confirmed the gun's functionality through multiple tests.
In contrast, Baldwin's defense, led by attorney Alex Spiro, argued that Baldwin committed no crime. Spiro shifted the focus to how a live bullet ended up on the "Rust" set, stating there was no evidence Baldwin was involved in this mishap or violated gun safety rules. "He was an actor, acting, playing the role of Harland Rust," Spiro said. He explained that the rules of gun safety are different on a movie set, where actors can act in ways that are otherwise dangerous in real life.
The defense played the scene from the church where Hutchins was shot, showing Baldwin as Harland Rust being approached by two men pointing guns at him. Spiro described the "Rust" set as relaxed and reassured the jury that Baldwin's gun was deemed "cold" multiple times. "No one had any idea that this venomous, toxic element had been inserted into this magic they were creating," Spiro stated. He placed the blame on the armorer and David Hall, the first assistant director, who was ultimately responsible for on-set safety.
Spiro highlighted the division of responsibility on a movie set, arguing that Baldwin's role was to act, not to ensure gun safety. He stressed that Baldwin had no knowledge of the live bullet in the gun. "On a movie set, you're allowed to pull the trigger, so even if he intentionally pulled the trigger, that doesn't make him guilty of homicide," Spiro told the jury.
The first witness, Santa Fe Police officer Nicholas LeFleur, testified about the chaotic aftermath of the shooting. LeFleur, the first law enforcement officer on the scene, expressed concerns about witnesses speaking to each other, potentially tainting their statements. He described setting up a crime scene perimeter and instructing Baldwin not to speak to others. However, footage showed Baldwin speaking about the incident, raising questions about whether he defied police orders.
Spiro's cross-examination of LeFleur focused on procedural mistakes, with the officer admitting that "hindsight is 20/20." Baldwin's defense continued to challenge the state's narrative, emphasizing the absence of clear evidence that Baldwin was responsible for the live bullet's presence on set.
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