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Alec Baldwin's Defense Argues Actor Believed Gun Was Safe

Actor Alec Baldwin in New York

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.

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.”

Prosecution accuses Baldwin of playing with a real gun.
Defense argues Baldwin believed gun was safe.
Prosecution claims gun was in 'perfect working order.'

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.”

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.

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