Following the conviction in the trial of the “Rust” armorer, New Mexico prosecutors will now turn their focus to actor Alec Baldwin, hoping to prove his criminal liability for the accidental death of the film's cinematographer in October 2021.
In fact, Special Prosecutor Carrie T. Morrissey did not wait for the 12-person jury in Santa Fe, New Mexico, to find gun dealer Hannah Gutierrez guilty of manslaughter before presenting evidence that could damage Baldwin.
During closing arguments Wednesday, Morrissey criticized Baldwin and his use of a gun on the set of “Rust,” particularly when he pointed his gun at director of photography Halina Hutchins, who was standing just feet away from him, while he was rehearsing a scene in a country church. . Hutchins was shot and died that afternoon.
Morrissey pledged to the jury in Gutierrez's case that “Alec Baldwin's conduct and lack of gun safety inside that church that day is something he will have to answer for.”
But legal experts offered mixed opinions on whether Gutierrez's conviction would boost prosecutors' chances of winning a guilty verdict against Baldwin in the Rust shooting. The actress and producer was charged in January with manslaughter in Hutchins' death, hours after she was shot on the film's remote set south of Santa Fe. If convicted, he faces up to 18 months in prison.
Baldwin has pleaded not guilty. His trial is scheduled for July. His lawyers, through a spokesman, declined to comment Thursday.
Legal experts said they were impressed by the skill and arrogance of New Mexico's two prosecutors, two experienced lawyers from Albuquerque who inherited the case about a year ago. A previous group of prosecutors, including the Santa Fe County district attorney, were forced to recuse themselves last year from the Gutierrez and Baldwin cases after a series of errors.
Morrissey, in particular, has expressed his willingness to take on Baldwin's prosecution. She and her law partner, Jason J. Lewis, successfully overcame Gutierrez's defense attorneys, who tried to shift blame for the tragedy on the film's production managers and producers, including Baldwin.
The 12-person jury deliberated Wednesday for only about two hours before returning a guilty verdict against Gutierrez.
“Baldwin’s legal team should view this outcome with trepidation,” former federal prosecutor John Fishwick said Thursday. “This conviction represents significant momentum for the prosecution.”
However, other veteran attorneys pointed out several complications in the case that could make it difficult to obtain a conviction for Baldwin. For example, Baldwin was handed the gun that day and was told it was “cold,” meaning there was no ammunition inside. In fact, the gun's chamber contained six bullets, five dummy bullets and the actual lead bullet that killed Hutchins.
Baldwin, with support from the Hollywood Artists Guild SAG-AFTRA, argued that it was not his job to be a gun safety officer on set. He said he relies on other professionals to do their work to ensure a safe production. But this argument may not hold much weight in court.
“His defense can't be, 'I'm just an actor,' which is his own argument,” said University of New Mexico law professor Joshua Kastenberg. “The question then becomes, why are actors different from ordinary citizens? Well, they're not.”
Baldwin's status as a world-famous movie star undoubtedly heightens the stakes and scrutiny of his trial.
Los Angeles-based attorney Dave Ring said Baldwin's fame could overshadow the case.
“The prosecution will face a difficult and daunting task in convicting Alec Baldwin at the upcoming trial,” Ring said. “It's one thing to convict a 26-year-old young lady who no one has ever heard of, who committed some very reckless actions. But it's another thing entirely to convict one of the most famous celebrities in America.”
In Baldwin's trial, prosecutors will have to prove that the star acted recklessly. Baldwin's behavior on the set of “Rust” loomed large during Gutierrez's 10-day trial.
Prosecutors showed video clips of behind-the-scenes footage captured during the filming of “Rust.” In one scene, Baldwin fires a long-barreled Colt .45 revolver as he races up a tree-covered hill. He shot at the camera and someone shouted: “Cut.” Baldwin then fired another round.
Witnesses testified during Gutierrez's trial that the cross-draw maneuver Baldwin had been practicing while sitting on a wooden church pew — which is when the gun went off — was not in the script.
Gutierrez told sheriff's investigators that she was not at the church during the training because she was not aware Baldwin would manipulate the gun. Joel Souza, the director who was injured in the shooting, testified that the plan was for Baldwin to simply initiate the motion of slowly pulling his gun from his leather shoulder holster — not for Baldwin to point it toward the camera.
Another major issue is whether Baldwin actually pulled the trigger; He has constantly maintained that he did not do it. Prosecutors must grapple with questions about the condition of his backup gun, which was damaged during testing at an FBI laboratory in Quantico, Va., in 2022 when it was struck with a rawhide hammer, according to testimony by FBI forensic examiner Bryce Ziegler.
Baldwin's attorneys pointed to the gun being broken to indicate that the gun was defective when Baldwin was using it in the church.
“The gun itself will take center stage in the Alec Baldwin case,” Ring said. “The defense will muddy the waters as to whether this weapon was somehow defective and perhaps fired on its own or was fired with a slight pull of the trigger.”
During an ABC News special two months after the tragedy, Baldwin told anchor George Stephanopoulos: “The trigger was not pulled. I didn't pull the trigger. …I would never point a gun at anyone and pull the trigger on them.”
But prosecutor Morrissey appears skeptical of Baldwin's statements about the trigger and whether that absolves him of guilt.
“Did Mr. Baldwin contribute as well? [to Hutchins’ death] When he pointed the gun at people, pulled the hammer and pulled the trigger, regardless of what he said to George Stephanopoulos? Morrissey asked the jury. “Yes it is.”
Hannah Gutierrez Reid looks at her mother as she is taken into custody after the guilty verdict was handed down at her trial in District Court on March 6, 2024, in Santa Fe, New Mexico.
(Luis Sanchez Saturno/Pool)
But there is likely another nuance, said Kastenberg, a law professor at the University of New Mexico. Prosecutors will have to convince a jury that two people — Baldwin and the already convicted Gutierrez — are responsible for the same crime.
“This makes it difficult for the prosecution to address the 'shared guilt' aspect of this criminal negligence case,” Kastenberg said, noting that since Gutierrez was already convicted of manslaughter, a felony, in Hutchins' death, jurors might conclude that she was more responsible. .
Gutierrez's conviction was the second for New Mexico prosecutors. “Rust” assistant director David Holz pleaded no contest to any charges of negligent use of a deadly weapon for his role in Hutchins' death, a misdemeanor. Holz testified that he did not adequately inspect Baldwin's gun.
Baldwin, Gutierrez and others said Holz handed Baldwin the loaded gun that day. But during Gutierrez's trial, Holz denied the accusation, saying that Gutierrez was the one who provided the gun to the actor.
There is a remaining possibility that Baldwin's case will never go to trial.
Baldwin's attorney can work out a plea deal, saving him from enduring the embarrassment of public disclosure of the accusations and evidence.
“This will allow Baldwin to avoid a high-profile and chaotic public trial,” Ring said. “It will allow the prosecution to save face, obtain another criminal conviction in the case and avoid a case it may not win at trial.”
