July 10 2024, Alec Baldwin trial over ‘Rust’ movie shooting

- Source: CNN " data-fave-thumbnails="{"big": { "uri": "https://media.cnn.com/api/v1/images/stellar/prod/baldwin-statements-thumb-digvid.jpg?c=16x9&q=h_540,w_960,c_fill" }, "small": { "uri": "https://media.cnn.com/api/v1/images/stellar/prod/baldwin-statements-thumb-digvid.jpg?c=16x9&q=h_540,w_960,c_fill" } }" data-vr-video="false" data-show-html="" data-byline-html="
" data-timestamp-html="" data-check-event-based-preview="" data-is-vertical-video-embed="false" data-network-id="" data-publish-date="2024-07-10T18:49:59.975Z" data-video-section="us" data-canonical-url="https://www.cnn.com/2024/07/10/us/video/alec-baldwin-rust-shooting-trial-opening-statements-contd-digvid" data-branding-key="" data-video-slug="alec-baldwin-rust-shooting-trial-opening-statements-contd-digvid" data-first-publish-slug="alec-baldwin-rust-shooting-trial-opening-statements-contd-digvid" data-video-tags="" data-details="">
Baldwin Statements Thumb Digvid.jpg
'He was an actor, acting': Hear the opening statements from Alec Baldwin's 'Rust' shooting trial
01:23 - Source: CNN

What we covered here

  • The first day of testimony has concluded in the involuntary manslaughter trial of?actor Alec Baldwin, nearly three years after cinematographer?Halyna Hutchins?was fatally shot on the New Mexico set of the Western film “Rust.”
  • In their opening statements, prosecutors accused the actor of playing “make-believe with a real gun,” while the defense team said the gun was deemed “cold,” meaning it had been checked and was safe.
  • Three officers and a crime scene technician testified Wednesday and the questions focused on the handling of the weapon and ammunition as well as the early investigation on the scene into the incident. The trial will resume Thursday morning.
  • Baldwin has pleaded not guilty and has maintained he did not pull the trigger after he discharged a prop gun. If convicted, the actor could face up to 18 months in prison and a $5,000 fine.
65 Posts

Our live coverage of the Alec Baldwin trial has concluded for today.

Please scroll through the posts below for details on the testimony heard on Wednesday. We will be back with more live coverage Thursday morning.

Alec Baldwin's trial has wrapped for the day. Here's everything you need to know

Alec Baldwin stands during a break in his involuntary manslaughter trial  in District Court, in Santa Fe, New Mexico, on Wednesday, July 10.

The involuntary manslaughter?trial of?actor Alec Baldwin began with opening statements Wednesday — nearly three years after cinematographer?Halyna Hutchins?was fatally shot on the New Mexico set of the Western film “Rust.”

If convicted, the actor could face up to 18 months in prison and a $5,000 fine.

Here’s a recap of what the prosecution and defense have said, the witnesses we’ve heard from and the footage that’s been used as evidence:

Prosecution: The prosecution accused Baldwin of playing “make-believe with a real gun.”

  • Prosecutor Erlinda Johnson repeatedly said the jury will hear that the gun involved in the “Rust” shooting was in?“perfect working order.” The prosecutor told the jury that the company that distributed the gun said the gun in question went through quality control tests.
  • Johnson told jurors that after the shooting of Hutchins, Baldwin began to claim he?did not pull the trigger. “The evidence will show, ladies and gentlemen, that’s not possible.”
  • Johnson ended her opening statements by telling jurors the only way they can deliver justice to Hutchins “is a verdict of guilty to involuntary manslaughter.”

Defense: Baldwin’s attorneys argued the actor believed he was given a cold gun at the time of the shooting.

  • Defense attorney Alex Spiro?said that while the shooting itself was a tragedy, Baldwin did not commit a crime. “He was an actor, acting. Playing the role of Harland Rust. An actor playing a character can act in ways that are lethal, that just aren’t lethal on a movie set,” Spiro said. He went on to say the people who were responsible to ensure safety on set failed in their duties.
  • Spiro told jurors that “the evidence will show that on a movie set, safety has to happen before the prop is placed into an actor’s hands.” Before Baldwin took the gun for rehearsal, it was deemed a “cold gun,” meaning it had been checked and was safe. He said a “cold gun doesn’t mean no live bullets,” but rather, a cold gun doesn’t even have a fake bullet.
  • Spiro said that the evidence presented during this trial will show that Baldwin is experiencing “shocking grief.” Spiro noted that Baldwin met with Hutchins’ family and called law enforcement to offer to meet with them “over and over again.”

Witnesses:

  • Nicholas Lefleur: He was a deputy at the Santa Fe Sheriff’s Department at the time of the shooting and testified that he was the first person to arrive on the scene.
  • Timoteo Benavidez: The retired Sante Fe Police Department lieutenant was the day shift command on the day of the 2021 shooting on the “Rust” set. The prosecution showed the jury the?gun used in the shooting. Benavidez identified the gun and testified that armorer,?Hannah Gutierrez, handed it to him. He put the gun in the front seat of his car. When he checked the gun, Benavidez testified there were?no rounds in it. He said he did not know?who else handled the gun?between the shooting and when it was handed to him. He also said he didn’t know what happened to the rounds.
  • Joseph Lujan: The detective at Santa Fe Sheriff’s Department testified for the prosecution, giving details oh how the director of “Rust” was treated for his injury.
  • Marissa Poppell, a crime scene technician, said she discovered five suspected live rounds on the set of “Rust” along with one spent casing.

Video evidence:

  • Jurors saw body camera footage of Baldwin being approached by responding officer Nicholas Lefleur, who was the first witness, following the shooting on set. “I was holding the gun, yeah,” Baldwin replies when Lefleur approached him about the incident.
  • Lefleur is seen sitting with Baldwin outside while he is detained, with several crew members standing around?talking about what happened.
  • On cross-examination, the defense played the?911 call about the shooting. A woman, who says she is a script supervisor, said “we’ve had two people accidentally shot on a movie set by a prop gun. We need help immediately.”
  • A video showed?Hannah Gutierrez Reed, the armorer for “Rust,” starting to get upset and cry while identifying the rounds that were used in the shooting. She is seen in the video saying “sorry” multiple times while breathing hard. Former Lt. Timoteo Benavidez tells her to relax as he tries to calm her down.?Gutierrez Reed told Benavidez that the ammunition was used for the gun that was involved in the shooting.

Scenes from the courtroom: Jurors seen passing notes to judge and Baldwin briefly closing his eyes

While witnesses testified today, the jury passed two notes to judge Mary Marlowe Sommer. The contents are unknown and may stay that way.

The day was chock full of activity with the opening statements and testimony from four witnesses, some of which was quite detailed.

At one point, the judge snapped as the prosecutor started reading off a torrent of exhibit numbers during the questioning of crime scene technician Marissa Poppell. “Don’t confuse me this late in the day,” Marlowe Sommer said.

Actor Alec Baldwin also appeared to get tired, closing his eyes and yawning at times.

The trial will resume Thursday at 10:30 a.m. ET, according to Marlowe Sommer.

Court has ended for the day. We'll be back tomorrow morning

The involuntary manslaughter trial against Alec Baldwin has ended for the day.

The jury heard opening statements from both sides and the prosecution called several witnesses.

The trial will continue on Thursday at 10:30 a.m. ET, the judge said.

We’ll be publishing a catchup on the day’s testimony shortly.

Crime scene technician testifies about sending suspected live rounds to the FBI

Kari Morrissey, the lead special prosecutor, has been asking a crime scene technician about the types of ammunition she took from the “Rust” set.

Marissa Poppell, who works for the Santa Fe Sherriff’s Department, said she took dummy rounds and blank ammunition from the set while executing search warrants related to the investigation. She explained to the jury how to tell the difference between them.

Showing photos that Poppell took of items on the set, Morrissey asks her to identify the pieces of ammunition that she suspected were live rounds.

Poppell describes how she sent those to the FBI for further testing. She also says she found a total of six live rounds on set, one of them was a spent shell casing.

Poppell testifies that she also searched an office in Albuquerque that belonged to a props supply company. She tells prosecutors that she found live rounds there.

Other FBI testing: Poppell says she sent the projectile that was removed from “Rust” director Joel Souza’s shoulder to the FBI along with the gun that was involved in the shooting. She says she wanted the gun to go through functionality testing.

She testifies that she was interested in a “drop test” to see if the gun could go off without the trigger being pulled.

5 suspected live rounds found on the set of "Rust" along with 1 spent casing, crime scene technician says

Crime scene technician Marissa Poppell testifies.

Marissa Poppell, the crime scene technician, said she discovered five suspected live rounds on the set of “Rust” along with one spent casing.

“Six in total,” she told the prosecutor.

Jurors shown the gun used in the fatal shooting

cbf6d44b-9727-4895-ae7e-66d3be438b06

Marissa Poppell, the crime scene technician, is handed the box containing Exhibit #6 – which she identifies as the weapon taken from Lt. Timoteo Benavidez’s vehicle. Though the gun is in front of Poppell, the jury is shown the weapon, which includes parts in separate plastic bags attached to the box with plastic zip ties.

Poppell says she requested the gun be tested by FBI analysts for latent fingerprints, which she describes as fingerprints not visible to the naked eye. Poppell testifies she also requested a firearms-functioning test to ensure it was in “proper working order.”

Poppell testifies that she sent the firearm involved in the shooting to the FBI “intact,” but when she got it back it’s condition had changed.

Prosecution calls crime scene technician

The prosecution has called Marissa Poppell, a crime scene technician for the Santa Fe Sheriff’s Department.

Poppell is the prosecution’s fourth witness.

She started by testifying that she collected evidence while executing search warrants related to the investigation.

This included evidence from the initial scene at the church on set and a cart of props that was nearby on set. Later Poppell said she also took evidence from an office in Albuquerque. She said the office was for a props supply company.

Detective testifies that doctors took out projectile from "Rust" director's shoulder

Joseph Lujan, detective at Santa Fe Sheriff’s Department, speaks on the stand in court on Wednesday.

Doctors removed a projectile from Joel Souza’s shoulder when he arrived at the hospital, according to a detective who was there with him. Souza was a director of “Rust” who was injured in the shooting on set in 2021.

Joseph Lujan, a detective at Santa Fe Sheriff’s Department, testified for the prosecution that he was dispatched to meet Souza at the hospital. He said he was there to collect initial details about what happened.

When he was done questioning Souza, Lujan described how doctors removed “a projectile” from his shoulder. Lujan said he kept the object in a plastic container until he gave it to investigators at the sheriff’s office.

Detective Joseph Lujan is next witness called to take the stand

Detective Joseph Lujan with the Santa Fe County Sheriff’s Office is the next witness called to the stand.

Court is back in session after break

The court is back in session after a break.

The cross-examination of retired Santa Fe Police Department Lt. Timoteo Benavidez is expected to continue.

Catch up on the testimony so far

The prosecution called its first witnesses after both sides delivered opening statements to the jury in Alec Baldwin’s involuntary manslaughter trial.

The trial is centered around a 2021 shooting on the scene of “Rust” that killed Halyna Hutchins, the film’s cinematographer, and injured one other person.

The prosecution has been walking their two law enforcement witnesses through their body-worn camera footage to tell the story of what happened in the aftermath of the shooting.

Here’s what to know:

Nicholas Lefleur

  • He was a deputy at the Santa Fe Sheriff’s Department at the time of the shooting and testified that he was the first person to arrive on the scene.
  • Body camera footage shows Lefleur arriving at Bonanza Ranch and quickly requesting a helicopter to transport Hutchins. The footage also shows Baldwin telling Lefleur, “I was holding the gun, yeah.”
  • Lefleur is seen sitting with Baldwin outside while he is detained, with several crew members standing around talking about what happened.
  • On cross-examination, the defense played the 911 call about the shooting. A woman, who says she is a script supervisor, said “we’ve had two people accidentally shot on a movie set by a prop gun. We need help immediately.”

Timoteo Benavidez

  • The prosecution’s second witness was a former Sante Fe Police Department lieutenant who was the day shift command on the day of the 2021 shooting on the “Rust” set.
  • The prosecution showed the jury the gun used in the shooting. Benavidez identified the gun and testified that armorer, Hannah Gutierrez, handed it to him. He put the gun in the front seat of his car.
  • When he checked the gun, Benavidez testified that there were no rounds in it. He said he did not know who else handled the gun between the shooting and when it was handed to him. He also said he didn’t know what happened to the rounds.

Court is taking a short break

Court is taking a short break. Cross-examination will resume at 5:15 p.m. ET.

Benavidez says he doesn't know what happened to rounds of ammunition in the gun

Retired Santa Fe Police Department Lt. Timoteo Benavidez says he does not know what happened to the rounds of ammunition in the weapon used on the movie set “Rust.”

Benavidez says he does not know who else handled the gun before the armorer handed it to him

The gun that Hannah Gutierrez Reed handed to Lt. Timoteo Benavidez on the day of the shooting is seen on a screen in court on Wednesday.

The prosecution asked retired Lt. Timoteo Benavidez if he knew who else handled the gun from the time of the shooting to armorer Hannah Gutierrez Reed handing him the firearm.

“I do not, other than Hannah handing it to me,” Benavidez testified.

Defense begins cross-examination of retired lieutenant

The defense starts its cross-examination of retired Santa Fe Police Department Lt. Timoteo Benavidez.

Defense attorney Alex Spiro begins by asking Benavidez about the prop cart that he was shown when he arrived on the scene. He testifies that there was ammunition and other guns that were not involved in the shooting on the cart.

He previously testified for the prosecution that armorer Hannah Gutierrez Reed gave him the gun used in the shooting.

"Rust" armorer seen getting upset in footage from the day of shooting

Hannah Gutierrez Reed, center, is seen in a video shown in court on Wednesday.

A video is being shown to the jury where Hannah Gutierrez Reed, the armorer for “Rust,” is starting to get upset and cry while identifying the rounds that were used in the shooting.

Remember:?Gutierrez Reed told Benavidez that the ammunition was used for the gun that was involved in the shooting.

Gutierrez-Reed was found guilty of involuntary manslaughter in March for?Halyna Hutchins’ death and sentenced to 18 months in prison, the maximum possible punishment.

Former lieutenant testifies that gun involved in shooting had no rounds in it when he checked it

The gun that was involved in a deadly shooting on the “Rust” set in 2021 did not have any rounds in it when it was given to a law enforcement officer after he arrived on the scene, he testified.

“There was no rounds in it,” he testified, adding that he did nothing else to the gun.

Benavidez said he also secured two boxes of ammunition. He said Hannah Gutierrez Reed, the armorer for “Rust,” told him that the ammunition was used for the gun that was involved in the shooting.

Baldwin is leaning back and staring at screen showing gun evidence

Alec Baldwin looks at a screen as gun evidence is being shown in court on Wednesday.

Alec Baldwin is leaning back with hands clasped as he stares at the screen showing the gun involved in the fatal shooting of cinematographer Halyna Hutchins.

Timoteo Benavidez, a former Sante Fe Police Department lieutenant, has identified the firearm as the one used in the shooting.

The gun from the incident is being shown in the courtroom

The gun involved in the fatal shooting of cinematographer Halyna Hutchins is being shown in the courtroom.

A deputy approaches with the box of evidence and hands it to the witness, former Lt. Timoteo Benavidez, who identifies it as the gun that was handed to him.

Some context: Body-worn video played in court just before the gun was being shown, shows Benavidez asking?Hannah Gutierrez Reed, the armorer for “Rust,” for the gun. He testified that he needed to find the gun because he didn’t want it “going off or getting used again on somebody else.”

Former police Lt. Timoteo Benavidez is the second witness on the stand

Timoteo Benavidez speaks on the stand in court on Wednesday.

Timoteo Benavidez, a former Sante Fe Police Department lieutenant who was the day shift command on the day of the 2021 shooting on the “Rust” set, is the second witness in the case.

He is now being questioned by the prosecutor.

Prosecutor asks witness if he was coached prior to questioning

In her re-examination, special prosecutor?Kari Morrissey asks Santa Fe Officer Nicholas Lefleur —the first witness called to testify in the trial — whether he was coached prior to questioning on Wednesday.

Lefleur asks her to rephrase the question.

She proceeds to ask if defense attorney Alex Spiro attempted to imply during cross-examination that the prosecution had told Lefleur how to testify.

“Essentially it sounded like he asked if I was coached into my testimony,” he answered.

Lefleur went on to say he was not coached.

Responding police officer estimates 200 people were at the shooting scene when he arrived

Retired Lt. Timoteo Benavidez, is being questioned by prosecutor Erlinda Johnson, who is showing jurors footage from his body camera.

The footage begins while Benavidez is still driving to the scene. As he arrives, he states that responding deputies needed to secure the film and all the crew members.

Upon entering the church, Benavidez says he saw two victims on the ground and immediately directed that the church be secured and photos taken to memorialize the crime scene.

Defense plays 911 call about the shooting

The defense plays 911 recordings from the day of the shooting. The woman on the recording, who later identified herself as a script supervisor, called 911 and requested an ambulance.

She told 911 that there were “two people shot on a movie set accidentally.”

The dispatcher then connected the woman to first responders where she explained the situation again.

The woman appeared to say someone was “supposed to check the gun, he’s responsible for what happened…”

Once the audio was over, defense attorney Alex Spiro told the prosecution’s first witness, Nicholas Lefleur, a Santa Fe Police Department officer who arrived first at the scene of the shooting, that the woman was saying the first assistant was supposed to check the gun. Lefleur also confirmed he heard that in the tape.

Jury is back in the courtroom

The jury returns to the courtroom for the cross-examination to resume after the judge finished conferring with the attorneys.

Judge is back and conferring with attorneys

Judge Mary Marlowe Sommer is back in the courtroom after the lunch break and is conferring with the attorneys.

The defense is expected to continue cross-examining the first witness, Nicholas Lefleur, an officer at the Santa Fe Police Department in New Mexico.

On the stand, Lafleur said he has been working there for two years. Previously, he worked at the Santa Fe Sheriff’s Department.

He said he received a dispatch call of someone being shot on a movie set in 2021. He arrived at the scene of the shooting first.

Here's what the prosecution and defense attorneys have said so far in Alec Baldwin's trial

During the first half of the first day of Alec Baldwin’s involuntary manslaughter trial, his attorneys sought to prove the actor did not commit a crime on the “Rust” movie set in 2021, arguing that he believed he was given a cold gun at the time of the shooting.

The prosecution accused Baldwin of playing “make-believe with a real gun.”

Before the court took a break for lunch, the prosecution called its first witness in the criminal trial and the defense had an opportunity to begin its cross-examination.

Here’s what was said, so far:

Prosecution:

  • Prosecutor Erlinda Johnson repeatedly said the jury will hear that the gun involved in the “Rust” shooting was in?“perfect working order.” The prosecutor told the jury that the company that distributed the gun said that the gun in question went through quality control tests.
  • Johnson told jurors that after the shooting of Halyna Hutchins, Baldwin began to claim he did not pull the trigger. “The evidence will show, ladies and gentlemen, that’s not possible.”
  • Johnson ended her opening statements by telling jurors the only way they can deliver justice to Hutchins “is a verdict of guilty to involuntary manslaughter.”

Defense:

  • Defense attorney Alex Spiro?said that while the shooting itself was a tragedy, Baldwin did not commit a crime. “He was an actor, acting. Playing the role of Harland Rust. An actor playing a character can act in ways that are lethal, that just aren’t lethal on a movie set,” Spiro said. He went on to say that the people who were responsible to ensure safety on set failed in their duties.
  • Spiro told jurors that “the evidence will show that on a movie set, safety has to happen before the prop is placed into an actor’s hands.” Before Baldwin took the gun for rehearsal, it was deemed a “cold gun,” meaning it had been checked and was safe. He said a “cold gun doesn’t mean no live bullets,” but rather, a cold gun doesn’t even have a fake bullet.
  • Spiro said that the evidence presented during this trial will show that Baldwin is experiencing “shocking grief.” Spiro noted that Baldwin met with Hutchins’ family and called law enforcement to offer to meet with them “over and over again.”

Video evidence:

  • Jurors saw body camera footage of Baldwin being approached by responding officer Nicholas Lefleur, who was the first witness, following the shooting on set. “I was holding the gun, yeah,” Baldwin replies when Lefleur approached him about the incident.

If convicted, the actor could face up to 18 months in prison and a $5,000 fine.

Court is taking a lunch break

Court is taking a lunch break. The session will resume at 3 p.m. ET.

We’ll have a catch up soon on all that happened so far.

Cross-examination is underway of the Santa Fe police officer, who is the first witness in the case

The first witness to testify in the trial against Alec Baldwin, Santa Fe Officer Nicholas Lefleur, is now being cross-examined by defense attorney Alex Spiro.

Spiro begins by pointing out that in his initial comments at the scene, Lefleur described the shooting as an accident.

The defense attorney also hones in on the discussion of the incident among crew members, Baldwin among them. Lefleur confirms that he did not intervene when these conversations occurred.

Body camera footage shows members of "Rust" crew discussing what happened

786533c6-d05c-42ee-b5f6-bdb0b54cad54

Body camera video shows several members of the “Rust” crew gathered around Alec Baldwin shortly after the shooting, talking about what happened.

The video was from Nicholas Lefleur, who is the prosecution’s first witness and was a deputy at the Santa Fe Sheriff’s Department at the time of the shooting. Lefleur testified that he was standing with Baldwin, who was technically detained, and had previously told him not to talk to anyone else.

One member of the crew seemed to be explaining to Baldwin where the victims had gunshot wounds. Halyna Hutchins, the film’s cinematographer, was shot and eventually died. The film’s director Joel Souza was also injured.

People in the group appeared to start asking Lefleur about what was happening. Lefleur told them paramedics were trying to stabilize Hutchins so that they could transport her to the hospital in a helicopter. He also said Souza “seems to be doing better than she was” and would possibly be transported in an ambulance.

Several jurors were taking notes while the video played and Lefleur answered questions on the stand.

"I was holding the gun," Baldwin says in body camera footage

Jurors saw body camera footage of Alec Baldwin being approached by responding officer Nicholas Lefleur following the shooting on set.

The deputy offered to sit with Baldwin in his vehicle, but Baldwin declined, saying “I can’t smoke in the car.”

Lefleur said he let Baldwin sit outside, separated from other people, and instructed the actor not to speak to others.

Lefleur testified that he stood outside with Baldwin while the actor smoked a cigarette because “essentially he was detained, not free to leave.”

Lefleur said law enforcement typically does not want witnesses to talk to other people because it could change how they remember the incident or what they were originally going to say.

Body camera footage from the scene of the "Rust" shooting played in court

Nicholas Lefleur's body camera footage is shown in court on Wednesday.

Body camera footage of the shooting scene on the set of the movie “Rust” was shown to jurors during the prosecution’s questioning of Nicholas Lefleur, an officer who responded to during the shooting.

The footage shows Lefleur arriving at Bonanza Ranch and quickly requesting a helicopter to transport Halyna Hutchins due to the severity of her injuries. Several people can be seen in the footage tending to both the cinematographer as well as the film’s director, Joel Souza, who was also shot.

Lefleur identified the set medic and other first responders that arrived around the same time and testified that he was assisting medical personnel and clearing the way for a gurney.

As the footage played in court, Alec Baldwin could be seen watching the monitor intently. He also appeared to jot down some notes.

Baldwin trial features attorneys versed in competing tactics

The trial of actor Alec Baldwin has featured opposing sets of attorneys well-versed in the courtroom tactics of both sides of a criminal trial.

Special prosecutors Kari Morrissey and Erlinda Johnson are in fact full-time criminal defense attorneys who were brought onto the case by Santa Fe’s First Judicial District Attorney Mary Carmack-Altwies to prosecute the actor.

Baldwin’s lead defense attorney, Alex Spiro, previously served as a prosecutor at the district attorney’s office in Manhattan.

Special prosecutor admonishes Baldwin's team over video evidence

Special prosecutor Kari Morrissey speaks in court on July 10.

After the court’s break, prosecutors and the defense attorneys conferred with the judge regarding the parameters of certain video evidence that will be played during testimony today.

It is unclear what stipulations the judge placed on the playing of video during the private consultation, but after the conference, a visibly perturbed special prosecutor Kari Morrissey quickly walked over to Alec Baldwin’s defense table and admonished his lawyers.

Pre-trial hearings in the case have been marked by frequent clashes between attorneys from each side, with the judge in the case frequently interrupting disputes and at one point calling out the tone between opposing parties.

Prosecution calls police officer who responded to "Rust" shooting as first witness

Nicholas Lefleur speaks in court on Wednesday, July 10.

The prosecution called its first witness in the criminal trial against Alec Baldwin.

Nicholas Lefleur is a current officer at the Santa Fe Police Department in New Mexico, he said on the stand, adding that he has been working there for two years. Previously, he worked at the Santa Fe Sheriff’s Department.

He said he received a dispatch call of someone being shot on a movie set in 2021. He arrived at the scene of the shooting first.

Court is back in session

Judge Mary Marlowe Sommer presides over Alec Baldwin's hearing on July 10, in Santa Fe, New Mexico.

The judge is back on the bench and court is back in session after a brief morning break.

Earlier today, the jury heard opening statements from the prosecution and defense.

The mood is somber outside of courtroom after both sides finish opening statements

There’s a very somber mood outside the courtroom during this break.

Alec Baldwin, who is facing two counts of involuntary manslaughter, is slowly walking the halls and conferring with his attorneys.

Baldwin’s sister Beth is seated on a bench outside the courtroom, in tears and wiping her eyes with a tissue as she was comforted by Stephen Baldwin, one of Alec Baldwin’s brothers.

Court is in a break

Defense attorney Alex Spiro has concluded his opening statement.

Court is now taking a break.

Pulling gun's trigger wouldn't make Baldwin guilty of homicide, defense attorney tells jurors

“Even if he intentionally pulled the trigger like the prosecutor just demonstrated, that doesn’t make him guilty of homicide,” Alec Baldwin’s attorney Alex Spiro said in his opening argument.

The live bullet on set was the key to Hutchins’ death, he said, adding that an actor is allowed to pull the trigger and behave as his character would.

The prop gun Baldwin used was destroyed during the investigation into the shooting, according to Spiro, adding that it was the one item that could prove whether or not Baldwin pulled the trigger.

Spiro told jurors members of the “Rust” crew will also testify, saying that none of them knew about the live round that made its way into the prop gun.

“None of them had any idea it was on that set or in that gun,” said Spiro, leading jurors back to why the live bullet was there in the first place.

Defense attorney says jurors will "hear a man in shocking grief"

Alec Baldwin listens during his hearing in Santa Fe County District Court, on Wednesday, July 10.???

Defense attorney Alex Spiro said that the evidence presented during this trial will show that Alec Baldwin is experiencing “shocking grief.”

“You’re going to hear a man in shocking grief,” Spiro said. “A father, an artist worried about his family.”

Spiro noted that Baldwin met with Halyna Hutchins’ family and called law enforcement to offer to meet with them “over and over again.”

“He will talk to law enforcement. He will call them. He doesn’t need a lawyer. He didn’t commit a crime,” Spiro said.

Portion of 911 call played for jurors

Audio from the 911 call made following the shooting of cinematographer Halyna Hutchins was played in court for jurors.

“Two people accidentally shot by a prop gun. We need help immediately,” script supervisor Mamie Mitchell can be heard telling an emergency dispatcher in the call.

As the call was played in court, Alec Baldwin could be seen writing a note and then leaning over to speak to his attorney.

It's "literally impossible for a cold gun to hurt somebody," defense says

Attorney Alex Spiro speaks during Alec Baldwin's trial on July 10, in Santa Fe, New Mexico.

Attorney Alex Spiro has told the jury “cold guns can’t hurt people” as he gives opening statements in defense of Alec Baldwin.

Spiro said Baldwin was handed a gun by the armorer and was assured it was a cold gun.

He said a “cold gun doesn’t mean no live bullets,” but rather, a cold gun doesn’t even have a fake bullet.

He continued that the belief a prop is a “cold gun” is “why these artists are carrying on in their art.

Baldwin attorney plays video from the set of "Rust" during opening statement

The “Rust” set is seen in Santa Fe, New Mexico, in October 2021.

The jury is being shown video clips from the filming of “Rust” as a part of the defense team’s opening statements.

In the video played for the jury, Baldwin approaches a man on a chair and pulls a gun. A man is heard telling him to do it again as he acts.

“There’s no danger. They wanted him to do it again,” attorney Alex Spiro told the court as the excerpt played.

As the video was shown, the jurors were all fixated on the banks of television screens in front of them.

Baldwin was told gun had been cleared, defense attorney says

Defense attorney Alex Spiro tells jurors that “the evidence will show that on a movie set, safety has to happen before the prop is placed into an actor’s hands.”

Before Alec Baldwin took the gun for rehearsal, it was deemed a “cold gun,” meaning it had been checked and was safe.

Alec Baldwin "committed no crime," defense attorney says

In his opening statement defense attorney Alex Spiro?said that while the shooting itself was a tragedy, Alec Baldwin “committed no crime.”

“This was an unspeakable tragedy, but Alec Baldwin committed no crime. He was an actor, acting. Playing the role of Harland Rust. An actor playing a character can act in ways that are lethal, that just aren’t lethal on a movie set,” Spiro said.

Spiro said that the cardinal rules in everyday life are not cardinal rules on movie set. “And I don’t have to tell you much more about this because you’ve all seen gun fights in movies and reason that can happen is because safety is ensured before the actor,” he said.

Spiro said that the people who were responsible to ensure safety on set failed in their duties.

"The only true and just verdict in this case ... is a verdict of guilty," prosecutor says

Prosecutor Erlinda Johnson delivers opening statements on Wednesday.

Prosecutor Erlinda Johnson has ended her opening statements, telling jurors the only way they can deliver justice to Halnya Hutchins, who was killed when she was shot on the set of “Rust” in 2021, is to find Alec Baldwin guilty of involuntary manslaughter.

“The only true and just verdict in this case, so that true justice can be served, is a verdict of guilty to involuntary manslaughter,” she concluded.

Prosecutor tells jury they'll see evidence disputing Baldwin's claim that he did not pull trigger on prop gun

In her opening statements, prosecutor Erlinda Johnson told jurors that after the shooting of Halyna Hutchins, Alec Baldwin began to claim he did not pull the trigger on the weapon.

Baldwin has repeatedly said that he pulled back the gun’s hammer as far as he could without cocking the gun and released the hammer — but did not pull the trigger.

Gun involved in shooting was in "perfect working order," prosecutor says

Prosecutor Erlinda Johnson repeatedly said the jury will hear that the gun involved in the “Rust” shooting was in ?“perfect working order.”

The prosecutor told the jury that the company that distributed the gun to the film for use said that the gun in question went through quality control tests. “Because it was used as a show gun at gun shows,” Johnson explained.

Here's how to watch the trial

Alec Baldwin listens during his hearing on July 10, in Santa Fe, New Mexico.

The first day of Alec Baldwin’s involuntary manslaughter trial is underway in Santa Fe, New Mexico.

Baldwin maintains his innocence and has pleaded not guilty to the charges.

Our reporters will bring you the latest updates as we get them here, but if you want to watch the proceedings in court for yourself, click the video at the top of this page to watch live.

Prosecutor accuses Baldwin of playing "make-believe with a real gun"

Prosecutor Erlinda Johnson in her opening statement accused Alec Baldwin of playing “make believe with a real gun” while on the set of the movie “Rust.”

Johnson said that Baldwin “violated the cardinal rule of firearm safety” which ultimately led to the death of Halyna Hutchins, the film’s cinematographer.

Continuing her address to the jury, Johnson said the jury would learn a prop gun is “not a toy. It’s not made of rubber. It’s a real gun.”

Jury is in court

The jury is now seated in the courtroom.

Judge Mary Marlowe Sommer is explaining procedures to jurors.

“The trial is expected to last eight days,” she said, explaining that the trial duration does not include jury deliberation time.

Jurors will not be seen on camera, per judge’s order.

Most of the jurors are angled and looking toward the judge as she addresses them.

CNN’s Josh Campbell contributed reporting.

Court is in session

Alec Baldwin appears in court on July 10, in Santa Fe, New Mexico.

Judge Mary Marlowe Sommer is on the bench, and court is now in session.

Alec Baldwin is seated next to his attorney in the courtroom and at times is sipping from a Starbucks cup. At other times he’s had his face in his hands.

His wife and one of his brothers are in court to support him today. Opening statements are expected to begin this morning.

Baldwin is talking to various people on his side of the gallery while waiting for court to start

Alec Baldwin interacts with his wife Hilaria Baldwin before court starts on Wednesday, July 10, in Santa Fe, New Mexico.

Alec Baldwin has been conferring with various people sitting on his side of the gallery, leaning over the banister to speak privately with them, as he awaits for the trial begin.

Baldwin is in a dark suit and a lavender dress shirt. His wife, Hilaria Baldwin, and brother Stephen Baldwin are in court with him today.

At one point, Hilaria approached her husband, leaning over the banister separating the defense table from the gallery, and pressed her head to his in an embrace.

Who's in court today

Stephen Baldwin, left, and Hilaria Baldwin, right, sit in the court gallery on Wednesday.

Opening statements are expected to get underway shortly, with some notable attendees in the gallery.

Stephen Baldwin, Alec Baldwin’s brother, also an actor, is in the New Mexico courthouse to support his brother. Alec Baldwin’s wife, Hilaria Baldwin, has also arrived.

Attorney Gloria Allred, known for taking on high-profile women’s rights cases, is in court and spoke to the press beforehand.

In her remarks, Allred said, “We want to find the truth about what really happened. Alec Baldwin says he didn’t pull the trigger, I guess we’ll find out.”

Attorney Gloria Allred holds an image of Halyna Hutchins as she arrives for Alec Baldwin's trial in Santa Fe, New Mexico, on July 10.

Baldwin has pleaded not guilty to charges of involuntary manslaughter against him. He maintains he did not pull the trigger after he discharged a prop gun on the set of movie “Rust” in 2021, which resulted in the death of Halyna Hutchins, the film’s cinematographer.

Baldwin's role as "Rust" producer will not be considered during trial, judge rules

Judge Mary Marlowe Sommer speaks during a pretrial hearing in Santa Fe, New Mexico, on July 8.

In a significant victory for the defense, Alec Baldwin’s role as a producer on the film “Rust” will not be considered during his involuntary manslaughter trial in the fatal on-set shooting of cinematographer Halyna Hutchins, Judge Mary Marlowe Sommer ruled Monday.

Baldwin’s position as a producer has consistently been part of the?prosecution’s strategy?as it has sought to show he had more responsibility and influence on the set than just as an actor.

In court Monday, the prosecution said as producer he should have been aware of set safety requirements, while Baldwin’s defense said this evidence was prejudicial and confusing to the jury.

In issuing her ruling, the judge admitted she struggled to understand the prosecution’s arguments.

The judge said her decision was impacted by the fact that there were other producers on the film and Baldwin himself was not solely responsible for on set decision-making.

“The probative value is not substantially outweighed by unfair prejudice and certainly confusion of issues to the jury, so I’m denying evidence of his status as a producer,” she concluded.

Now, with the judge not allowing evidence related to his role as a producer, the jury will consider Baldwin solely as an actor who was holding the gun as part of his role – not as the boss or as a supervisor who was responsible for set safety.

Here are key figures you should know in the Baldwin trial

Here are some of the key figures connected to the trial:

Halyna Hutchins

  • A journalist turned promising cinematographer, Hutchins was 42 at the time of her death.
  • Hutchins died after she was shot on the set of the western movie “Rust” as actors rehearsed a scene. She is survived by her husband, Matthew, and their young son.

Alec Baldwin

  • Baldwin, 66, held the prop gun that fired a live round of ammunition that hit Hutchins on October 21, 2021. The gun had been announced as “cold,” or unloaded, on set, according to?investigation documents, before the Colt 45 was handed to Baldwin.

Luke Nikas

  • Nikas is serving as Baldwin’s lead defense attorney. He is employed by?Quinn Emanuel Urquhart and Sullivan LLP,?which is one of the largest law firms in the world. Nikas is a graduate of Harvard Law School and based in New York.
  • He has filed several motions to dismiss the case on behalf of Baldwin, the most recent of which was?denied?last week.

Kari Morrissey

  • Morrissey is the lead special prosecutor who will present the state of New Mexico’s case against Baldwin.
  • She has practiced law in the state for more than 20 years. Morrissey took over the case in 2023,?dropped?the charges against Baldwin and then later refiled them, citing “additional facts” in the case.

Judge Mary Marlowe Sommer

  • Marlowe Sommer was appointed to the First Judicial District Court in 2010 by then-New Mexico Gov. Bill Richardson.
  • Prior to becoming a judge, she served as a court clerk, defense attorney and a hearing officer. She presided over the high-interest trial of Hannah Gutierrez Reed, during which she kept to a succinct schedule.

Hannah Gutierrez Reed

  • Hannah Gutierrez Reed?was the armorer for “Rust.” She was found guilty of involuntary manslaughter in March for?Hutchins’ death and sentenced to 18 months in prison, the maximum possible punishment.

Joel Souza

  • Souza, the director and screenwriter of “Rust” film, was also?shot on set?in the 2021 incident.
  • Souza had been standing directly behind cinematographer Hutchins, trying to get a closer look at the shot in the film’s camera.

David Halls

  • Halls was the assistant director on “Rust” who handed Baldwin the firearm on set the day Hutchins and Souza were shot.
  • Halls?signed a plea agreement?in 2023 “for the charge of negligent use of a deadly weapon.” Prosecutors said the terms of his deal included six months of probation?and a suspended sentence.

Baldwin faces involuntary manslaughter charges. Here's what that means

Alec Baldwin is seen on set on the day cinematographer Halyna Hutchins was shot at the Bonanza Creek Ranch in Santa Fe, New Mexico, on October 21, 2022.

Prosecutors decided to charge?actor Alec Baldwin and the film’s armorer, Hannah Gutierrez Reed, each?with two counts of involuntary manslaughter after Baldwin fatally shot a cinematographer on the set of the movie “Rust” in 2021.

Gutierrez Reed became the?first person to stand trial?and be convicted in the case when a New Mexico judge sentenced her to 18 months in prison earlier this year.

Here’s what you need to know about the charges:

What does “involuntary manslaughter” mean?

New Mexico state law classifies involuntary manslaughter as a fourth degree felony.

What do prosecutors have to prove for charges to stick?

Shortly after announcing the involuntary manslaughter charges, Mary Carmack-Altwies, New Mexico’s first judicial district attorney,?outlined why the on-set shooting could result in criminal charges regardless of whether it was an accident.

Why will the case be hard for prosecutors?

CNN senior legal analyst Elie Honig said the “Rust” fatal shooting case is not clear-cut negligence and includes factual issues.

First of all, Honig said, Carmack-Altwies told CNN that she doesn’t know – and “we might not ever know” – how live rounds got onto the set. Secondly, the incident happened on a movie set, and “most normal people do not know what the norms are on a movie set,” he said.

So the expertise of prop masters are heavily relied upon, but even those experts have different views on what the obligations of actors and crew members are on set, Honig said.

Filming of the movie "Rust" resumed last year

Buildings used on the set of the movie "Rust" are seen after filming resumed in Livingston, Montana, on April 22, 2023.?

Filming of the movie “Rust” resumed in 2023 at Yellowstone Film Ranch in Montana, a spokesperson for Rust Movie Productions told CNN last April.

Production on the western starring Alec Baldwin came to a halt in 2021, when cinematographer?Halyna Hutchins?was fatally shot when a prop gun Baldwin was holding fired a live round of ammunition during rehearsal.

Director Joel Souza was also shot and injured.

Matthew Hutchins, Hutchins’ widower, and Baldwin announced they had reached an undisclosed settlement in 2022, following a wrongful death lawsuit filed against the actor and the film’s production companies, its producers and other key members of the crew.

The movie is to be completed as part of the agreement, with Matthew Hutchins serving as an executive producer. Baldwin and Souza will also return to finish the project, according to Rust Movie Productions.

It was announced by the film’s production last February that filming would not take place at its original location of Bonanza Creek Ranch in New Mexico. A source close to production told CNN last year that the scene in the church where Hutchins was shot would not be re-filmed. It was cut from the story altogether.

"Rust" armorer was sentenced to maximum possible punishment for involuntary manslaughter

Hannah Gutierrez-Reed listens to closing arguments in her trial at district court, on March 6, 2024, in Santa Fe, New Mexico.

Hannah Gutierrez Reed, the armorer of the film “Rust” who was found guilty of involuntary manslaughter for the 2021 on-set fatal shooting of?cinematographer Halyna Hutchins, was sentenced by a New Mexico judge to 18 months in prison, the maximum possible punishment.

Gutierrez Reed had no visible reaction to the sentence. She was taken from the courtroom after the sentence was announced.

As the armorer, Gutierrez Reed was responsible for firearm safety and storage on set. She became the?first person to stand trial?and be convicted in the case, which has captured national attention for more than two years.

At trial, prosecutors argued she repeatedly violated safety protocol and acted without caution in performing her duties, leading to Hutchins’ death. Her defense attorney argued the 26-year-old has been scapegoated for the safety failures of film set management and other crew members.

Prosecutors?intend?to paint Baldwin as repeatedly reckless, court document shows

Special prosecutors in the upcoming “Rust” shooting trial intend to portray actor and film producer?Alec Baldwin?as repeatedly flouting safety protocols on the movie set in the days before the fatal shooting of the film’s cinematographer?Halyna Hutchins, according to?a court filing.

In a notice to Baldwin’s attorneys outlining evidence they intend to present in court next month, prosecutors highlighted repeated alleged instances of Baldwin acting dangerously between October 12 and October 21, 2021, signaling that a key strategy in their case?will be centered on the defendant’s “reckless behavior.”

Prosecutors argue in the filing that the evidence “is relevant because it is part of the crime of involuntary manslaughter as it shows defendant’s recklessness or criminal negligence on October 21, 2021, when he shot and killed Halyna Hutchins.”

Baldwin has pleaded not guilty to a felony charge of involuntary manslaughter in connection to Hutchins’ death.

One of?Baldwin’s attorneys, Luke Nikas, on Wednesday had no comment about the prosecution’s document, but referred CNN to the defense’s most recent filing asking the court again to dismiss the indictment and accusing the prosecution of selected disclosure of evidence.

In?a statement?to CNN?last month?following a judge’s refusal to dismiss the charge, Baldwin’s legal team said, “We look forward to our day in court.”

Read more about the prosecution’s strategy.

What to know about cinematographer Halyna Hutchins, who was killed on set

A musician plays a violin behind a photograph of cinematographer Halyna Hutchins during a vigil in her honor in Albuquerque, New Mexico, in October 2021.

The film industry was left shocked and in mourning following the death of cinematographer Halyna Hutchins, who was killed on set when actor and producer?Alec Baldwin?discharged a prop firearm.

Born in Ukraine, Hutchins lived in Los Angeles, California and graduated from the American Film Institute in 2015. She was credited with involvement in the production of 49 film, TV and video titles during her career, according to IMDB.

She worked on movies including “Archenemy,” starring Joe Manganiello, which was released in 2020, and was named a rising star by American Cinematographer magazine in 2019.

According to her website, Hutchins was raised at a Soviet military base in the Arctic Circle and initially studied as a journalist, graduating from Kyiv National University with a degree in international journalism, before going on to work on documentary productions across Europe and switching to film.

On her Instagram page, she described herself as a “Restless Dreamer. Adrenaline junkie. Cinematographer.”

Here's a moment-by-moment account of how the fatal "Rust" shooting unfolded

One minute, actor Alec Baldwin and a handful of others were rehearsing a scene for the Western film “Rust.” The next, two people were bleeding from gunshot wounds – one of which would prove to be fatal – and everyone was reeling from confusion and shock.

Here’s a moment-by-moment account of what happened on the day of the fatal shooting, based on a search warrant affidavit and 911 calls:

The crew was filming on October 21, 2021,?at Bonanza Creek Ranch, a Western movie set outside Santa Fe, New Mexico.

Mornings typically started with breakfast at 6:30 a.m., but that day they were behind schedule. Even with the delay, things appeared to be going smoothly, director Joel Souza told Santa Fe County Sheriff’s deputies in the affidavit.

Baldwin and crew members began rehearsing a scene in the rustic church, broke for lunch, and then returned to the set.

Assistant director Dave Halls fetched a prop gun from a cart outside the church and yelled “cold gun!,” indicating it was unloaded. He then handed it to Baldwin.

Baldwin was demonstrating a “cross draw” – pulling a gun from a holster on the opposite side of his body from his draw hand. The scene required him to point the gun toward the camera.

It was about 1:50 p.m. Souza told deputies he was viewing the scene through the camera and nearby monitors when he heard “what sounded like a whip and then a loud pop.”

Hutchins stumbled backward and slumped to the floor, clutching her stomach and saying she couldn’t feel her legs. Souza, who had been standing beside her, noticed blood on his shoulder.

Suddenly, there was chaos.

Crew members scattered. A medic tried to stop Hutchins’ bleeding while others frantically dialed 911. Sheriff’s deputies arrived shortly after the calls.

Hutchins, 42, was airlifted to a hospital some 55 miles away in Albuquerque, where she was pronounced dead. Souza, 48, suffered a gunshot wound to his right shoulder.

Read more about the shooting.

A jury was seated Tuesday for the trial

A jury was seated Tuesday in the criminal trial of actor Alec Baldwin.

Twelve jurors and four alternates were empaneled and sworn in at 6:25 p.m. ET and opening arguments are set to begin today at 10:30 a.m. ET.

How we got to this trial: A timeline of the "Rust" movie set shooting and resulting criminal cases

The movie set of "Rust" is seen at Bonanza Creek Ranch in October 2021 in Santa Fe, New Mexico.

A promising cinematographer was killed, a director was wounded and a film production was left in shambles after actor Alec Baldwin discharged a prop gun on set while rehearsing for the Western film “Rust.”

Here’s a timeline of the incident and resulting legal cases:

The shooting:

  • October 6, 2021: Filming of “Rust” began at Bonanza Creek Ranch, a movie set outside Santa Fe, New Mexico.
  • October 20, 2021: Several?crew members walked off set, citing safety concerns.
  • October 21, 2021: Baldwin discharged a prop gun during rehearsal, killing cinematographer Halyna Hutchins and injuring director Joel Souza.

The investigations:

  • October 5, 2022: The family of Hutchins and Baldwin?reached an undisclosed settlement in a wrongful death lawsuit?filed against the actor and others. As part of the settlement, Matthew Hutchins, the cinematographer’s widower, was named an executive producer on “Rust.”
  • January 31, 2023: Baldwin and the film’s armorer, Hannah Gutierrez Reed, were?formally charged?with involuntary manslaughter.
  • February 23, 2023: Baldwin?pleaded not guilty?to manslaughter charges and was released on personal recognizance.
  • April 20, 2023: New Mexico special prosecutors?dismissed the charges against Baldwin, citing “new facts” in the case. “This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled,” they said.
  • August 9, 2023: Gutierrez Reed?pleaded not guilty?to involuntary manslaughter and tampering with evidence.
  • January 19: Baldwin was?indicted by a grand jury?on charges of involuntary manslaughter.
  • January 31: Baldwin?pleaded not guilty?to involuntary manslaughter charges for the second time.
  • February 22: The trial of film armorer Gutierrez Reed?began.
  • March 6: Gutierrez Reed was?found guilty of involuntary manslaughter. She was acquitted of a charge of evidence tampering.
  • May 24: A New Mexico judge?denied Baldwin’s motion to dismiss?the involuntary manslaughter indictment. Baldwin’s attorneys had accused prosecutors of misconduct during the grand jury process.

Read more.

Opening statements will get underway in Alec Baldwin’s involuntary manslaughter trial today

Alec Baldwin walks outside the courthouse in Santa Fe, New Mexico, on July 9.

Jurors in the involuntary manslaughter trial of?actor Alec Baldwin?will hear opening statements Wednesday, nearly three years after?Halyna Hutchins?was fatally shot on the New Mexico set of the Western film “Rust.”

Baldwin has pleaded not guilty to a felony charge of involuntary manslaughter in connection with the October 2021 death of the 42-year-old cinematographer. A film director also was wounded when a gun held by Baldwin fired a live round during a scene rehearsal at the Bonanza Creek Ranch, a movie set outside Santa Fe.

If convicted, Baldwin could face up to 18 months in prison and a $5,000 fine.

The case has been marked by years-long fits and starts with turnovers in prosecutors, a prosecution stalled by questions surrounding the integrity of evidence and a steady spate of motions from Baldwin’s team attempting to get the charge thrown out.

Special prosecutors intend to portray Baldwin as repeatedly flouting safety protocols on the movie set in the days before the fatal shooting, according to?a court filing last month.

Baldwin?has?previously stated to CNN?that he did not pull the trigger during the fatal shooting, though he said he did cock the hammer of the gun.

“I never took a gun and pointed?at somebody and clicked the thing,” Baldwin said in the 2022 interview.

Keep reading about the background and what’s expected at the trial here.