SANTA FE, N. M.  , — During Alec Baldwin’s involuntary manslaughter trial, the actor’s attorneys sought to shift focus away from whether he pulled his gun’s trigger in the sudden shooting that killed a photographer on the collection of the video” Rust” and onto another important problem: Where did the lethal shot come from?
Attorneys for Baldwin have repeatedly accused law enforcement and prosecution of bungling the event, including by allegedly hiding evidence that might help to solve the case’s key mystery, which is the fatal shooting of Halyna Hutchins on October 21, 2021.
Following a remarkable hearing at which Baldwin’s lawyer Luke Nikas demanded the case be dismissed and cited potential information relating to the nature of the live ammunition, Judge Mary Marlowe Sommer sent the jury home for the day on Friday night.
A potential witness turned over a number of unexamined bullets to sheriff’s investigators months ago, according to Baldwin’s attorneys, who pointed to the state as misconduct.
” This is critical evidence, your honor”, Nikas said.
The Santa Fe County Sheriff’s Office received the evidence in question three months ago, but it was never turned over to Baldwin’s defense team, Nikas said. In March, a retired Arizona police officer brought shell casings and bullets to the sheriff’s office, materials the former officer labeled as potential evidence in the” Rust” shooting.
In connection with Hutchins ‘ death, Baldwin was charged with one count of involuntary manslaughter in January. He has pleaded not guilty. If convicted, he could spend up to 18 months in prison. The trial began Wednesday.
Even Marlowe Sommer referred to a demonstration at the hearing as “unusual.” The judge mandated that the evidence be presented to the courtroom. A sheriff’s deputy handed a package to the judge as she entered the murky courtroom minutes later.
The judge, who was wearing a black robe, used a pair of scissors to open the sealed evidence envelope. He then put on blue latex gloves. Then, following a sheriff’s crime scene technician, Marlowe Sommer directed a sheriff’s crime scene technician to gather and examine the bag’s .45-caliber bullets.
The investigators looking into the shooting could identify the lead bullets found on the” Rust” set, and some of the bullets introduced Friday also had Starline Brass stamped on them.
Baldwin’s team claimed that the charges brought against him must be dropped, citing evidence that requires defense attorneys to be given evidence that might support their case.
Special prosecutor Kari T. Morrissey objected to the retired officer’s use of the bullets only after Hannah Gutierrez, an involuntary manslaughterer, was found guilty of involuntary manslaughter. Morrissey described Teske as” a good friend” of Gutierrez’s stepfather Thell Reed, a longtime Hollywood armorer and sharpshooter.
Morrissey argued that the new set of bullets” simply lacks any evidentiary value.”
The judge, however, expressed concern that the defense team had not been given adequate information, and she had to cancel the day of the jury’s testimony to hold a hearing into the handling of the Teske-supplied bullets.
The problem first appeared on Thursday during Crime Scene Technician’s testimony. Baldwin’s other attorney Alex Spiro introduced the controversy, saying that a” Good Samaritan” had found evidence that could be helpful to the” Rust” shooting case earlier this year.
In his questioning, Spiro suggested that Santa Fe sheriff’s accused sheriff’s investigators of “burying” important evidence. On Friday, Nikas said the matter was just the latest misstep by prosecutors and investigators.
” It’s time for this case to be dismissed”, Nikas said.
” The fact that they concealed ( the evidence ), the fact that they put it under a separate document number, did n’t disclose the supplemental report, did n’t disclose the bullets. … If it was that irrelevant, and had no evidentiary value — it would have been there”, Nikas said.
Morrissey referred to the situation as” a wild goose chase.”
” Your honor, there have been absolutely no violations of our obligations as prosecutors”, Morrissey said.
During Thursday’s testimony, Morrissey identified the” Good Samaritan” as a friend of Gutierrez’s stepfather.
” Are you aware that Troy Teske is a close friend of Hannah’s father”? Morrissey asked Poppell during Thursday’s testimony when the jury was present. Are you aware that Troy Teske wanted to assist Ms. Gutierrez for his own reasons?
Questions have long persisted about the Santa Fe County Sheriff’s Office’s investigation into the shooting.
Sheriff’s investigators never definitively identified the source of the live ammunition on the” Rust” set, which Baldwin’s team has made a fact of the past that is crucial to the prosecution’s case. The investigation lasted more than a year.
From the moment deputies arrived at Bonanza Creek Ranch, about 10 miles south of Santa Fe, they were overwhelmed. More than 100 members of the film crew were milling about, trying to make sense of the shooting.
The department was understaffed. Timoteo Benavidez, a retired sheriff’s lieutenant who was the on-scene commander, told the jury Wednesday that only seven deputies were patrolling the entire county that day.
The handful of officers who sped to the movie set after the 911 call encountered “people everywhere”, Benavidez said. He also had to calm Gutierrez, who was having what appeared to be a panic attack, his lapel camera video — which was played for the jury — showed.
Benavidez called New Mexico State Police, asking for reinforcements. But a state police commander refused. ” I do n’t remember if they said they did n’t have enough ( officers ) … or the supervisor just said’ no,'” Benavidez testified.
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