“We are going to be filing on the same basis on discovery violations which have occurred throughout her case and continue to occur,” Gutierrez-Reed’s attorney Jason Bowles told NBC News after Baldwin’s case was dismissed. “Things that I learned today that happened, absolutely shocking.”

Gutierrez-Reed was convicted in March of involuntary manslaughter and sentenced to 18 months in prison. She was the armorer on the set of western film “Rust” who was in charge of gun safety ahead of Alec Baldwin firing a gun that somehow had live bullets in it, killing Hutchins.

The cinematographer was killed during a rehearsal on Oct. 21, 2021. Baldwin’s trial was dismissed with prejudice, meaning prosecutors can’t try Baldwin again after it came out that they hadn’t turned over evidence of live bullets to the defense team. However, they may still appeal the judge’s dismissal.

The bullets “looked very similar to live rounds found on the set of ‘Rust,'” prosecutor Erlinda Ocampo Johnson said in a Friday night interview. She quit the prosecution’s team after making the discovery on Thursday and having her call for the prosecution to drop the case rejected.

The post ‘Rust’ Armorer Hannah Gutierrez-Reed to Seek Dismissal After Alec Baldwin Case Collapses appeared first on TheWrap.

Baldwin was on trial for his role firing a gun and killing cinematographer Halyna Hutchins in October 2021 while filming western film”Rust,” which he starred in and was a producer on. Judge Mary Marlowe Sommer granted the defense’s request for a dismissal after it emerged that authorities and prosecutors deliberately withheld evidence in the case, with the mystery of how real bullets got into Baldwin’s gun still remaining.

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“The state’s discovery violation has injected a needless incurable delay into the jury trial. Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice,” the judge said.

Though Baldwin has been cleared criminally, he still faces civil lawsuits pertaining to Hutchins’ death. Hutchins was killed when the prop gun Baldwin was using discharged and fired a live round during rehearsals.

Attorney Gloria Allred and Hutchins’ family have pledged to continue to fight Baldwin in New Mexico’s civil courts. Allred, who represents Hutchins’ parents Olga Solovey and Anatolii Androsovych and her sister Svetlana Zemko, described Judge Sommer’s decision as a “devastating blow” to all three.

“It does not change the fact that Alec Baldwin killed Halyna Hutchins on the set of ‘Rust.’ It does not change the fact that he fired a loaded gun while pointing it at a human being,” Allred explained.

Baldwin should also “just have the human decency to say ‘I’m sorry’ in a phone call or Facetime to the parents … It’s not all about Alec Baldwin. There are victims in this case. They are not celebrities — they matter,” Allred said.

Following the dismissal, Brian J. Panish, attorney for Hutchins’ husband Matthew Hutchins, said, “We respect the court’s decision. We look forward to presenting all the evidence to a jury and holding Mr. Baldwin accountable for his actions in the senseless death of Halyna Hutchins.” 

Producers on “Rust,” including Baldwin, were criticized for replacing workers with non-union members while filming. Had the film’s team been made up of unionized members, they would have been required to follow the Actors’ Equity Association’s rules and safety tips for using firearms in productions.

The rules include advice that actors should “Treat all guns as if they are loaded and deadly” and that “The property master or armorer should carefully train you in the safe use of any firearm you must handle. Be honest if you have no knowledge about guns. Do not overstate your qualifications.” It is unclear if Baldwin had any prior training or if he was offered training on set.

“Never point a firearm at anyone including yourself,” the tips also state. “Always cheat the shot by aiming to the right or left of the target character. If asked to point and shoot directly at a living target, consult with the property master or armorer for the prescribed safety procedures.”

Baldwin faced up to 18 months in prison if he had been convicted.

The post Alec Baldwin Comments on ‘Rust’ Shooting Trial’s Dismissal: ‘There Are Too Many People to Thank’ appeared first on TheWrap.

“Something went horribly wrong here,” prosecutor Erlinda Ocampo Johnson said, interviewed by NewsNation’s Chris Cuomo on Friday night. “My ethical obligations were that I advocate for dismissal.” 

Baldwin’s trial for manslaughter in the accidental shooting death of “Rust” cinematographer Halyna Hutchins was dismissed Friday after it emerged that police and prosecutors deliberately withheld evidence of live bullets from the defense team.

Johnson said she learned for the first time during defense testimony on Thursday that there were live bullets that had not been turned over to the defense. She had previously been prepared to prosecute Baldwin, because she believed there had been “some recklessness” with guns on the set. 

She said that Baldwin engaged in “horseplay” on the set, pointing a gun at a person on set to shoot blanks, adding that should not have happened. Nonetheless, that did not explain the presence of live ammunition, normally prohibited by strict production rules. 

On Friday morning, Johnson saw the live bullets when they were brought into court for the judge to examine — “three rounds that looked very similar to live rounds found on the set of ‘Rust,'” Johnson said. She was shocked.

“Those three rounds do become potentially exculpatory,” she said, underlining that they should have been provided to the defense.

Over the lunch break post-testimony, she said, Johnson argued to the prosecution team to drop the case. Her argument was rejected by the lead prosecutor, Kari Morrissey. Morrissey had already argued in court that she and the prosecutors had made a determination that the bullets didn’t match the live round that killed Hutchins and therefore had “no evidentiary value.”

Johnson disagreed, choosing to resign from the prosecution. Shortly after, the judge dismissed the case: “The state’s discovery violation has injected a needless incurable delay into the jury trial. Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice,” Judge Mary Marlowe Sommer said.

The central mystery to the case remains, which is: how did live bullets get on to the set?

In defense testimony on Thursday, it emerged that investigators had been provided in March with several live bullets by Troy Teske, a retired Arizona police officer. Teske told them they matched the bullet that killed Hutchins. Teske was a longtime friend of the father of armorer Hannah Gutierrez-Reed, who was sentenced to 18 months for involuntary manslaughter.

That mystery remains unsolved, but with the judge dismissing the case with prejudice, Baldwin cannot be retried. However, he could still face the dismissal being appealed.

Sharon Waxman contributed to this story.

The post ‘Rust’ Prosecutor Who Quit Says Undisclosed Bullets Led to Her Decision: ‘Something Went Horribly Wrong Here’ | Video appeared first on TheWrap.

Judge Mary Marlowe Sommer dismissed the manslaughter charges after evidence emerged that police and prosecutors deliberately withheld live bullets from the defense, which were ostensibly relevant to the case (because the case was dismissed with prejudice, it cannot be re-tried).

“We respect the court’s decision. We look forward to presenting all the evidence to a jury and holding Mr. Baldwin accountable for his actions in the senseless death of Halyna Hutchins,” Brian J. Panish, an attorney for Matthew Hutchins, said in a statement to TheWrap on Friday.

“The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings. The defense is not in a position to test the state’s theory as to the source of the live rounds that killed Ms. Hutchins,” Judge Sommer ruled. “The state is highly culpable for its failure to provide this discovery to the defendant. The state unilaterally withheld the supplemental report. [The] Santa Fe County Sheriff’s officer made the decision — and apparently also with the prosecutor, as pursuant to [Cpl. Alexandria] Hancock’s testimony — that the evidence was of no evidentiary value and failed to connect the evidence to the case.”

“Ms. [Kari] Morrissey was aware of the new evidence and yet did not make an effort to disclose it to defense. The state’s willful withholding of this information was intentional and deliberate. If this conduct does rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching,” she continued. “The state’s discovery violation has injected a needless incurable delay into the jury trial. Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice. Your motion to dismiss with prejudice is granted.”

Following the cinematographer’s tragic death on Oct. 21, 2021, the shooting has resulted in numerous legal proceedings with the film’s production companies, armorer and Baldwin; both civil and criminal.

Hutchins’ family previously settled a wrongful death suit in October 2022 before filing another suit in February 2023. The cinematographer’s widower Matthew Hutchins received an executive producer credit on the project in the initial settlements. In June, the family filed another civil suit against Baldwin for playing “Russian Roulette with a loaded gun.”

Meanwhile, armorer Hannah Gutierrez-Reed is currently serving 18 months in prison for her role in Hutchins’ death.

“You alone turned a safe weapon into a lethal weapon,” the judge ruled in April. “But for you, Ms. Hutchins would be alive. A husband would have his partner, and a little boy would have his mother.”

Baldwin’s team did not respond to TheWrap’s request for comment.

The post Halyna Hutchins’ Husband Still Plans to Hold Alec Baldwin Accountable After ‘Rust’ Case Dismissal appeared first on TheWrap.

The rapper dropped his highly anticipated 12th studio album “The Death of Slim Shady (Coup de Grâce)” on Friday. The songs feature lines about Megan Thee Stallion, Sean “Diddy” Combs and Kanye West, as well as the “Rust” shooting to describe how quickly he could choose violence if prompted.

“F–k around and get popped like Halyna Hutchins. Like I’m Alec Baldwin, what I mean is buckin’ you down, coup de grâce then,” Eminem raps on the ninth track, with JID. The Detroit native is referring to Baldwin’s fatal shooting of Hutchins in 2021 on the set of their film “Rust,” for which the actor is currently on trial.

Eminem queued the line up with the lyrics, “Clutchin’ the nine millimeter, tuckin’ the heat. Got the toaster like an English muffin. No, I mean, ‘Toast to’ like you drink to somethin’. But it’s in a holster, I proceed to bust it.”

True to Eminem’s nature as a rapper, pop culture events are often featured in his music, this time debuting his album on the third day of Baldwin’s trial. Some of his past targets over the years include Paul “Pee-Wee” Herman, Britney Spears, Mariah Carey, Vanilla Ice, Christina Aguilera and many more.

Baldwin was charged with involuntary manslaughter over the death of Hutchins. In October 2021, Hutchins and “Rust” director Joel Souza were struck by a firearm held by the actor/producer while rehearsing a scene. Baldwin has long maintained his innocence, while armorer Hannah Gutierrez-Reed is serving 18 months in prison for her role in the shooting.

Baldwin also faces up to 18 months in prison, and his trial will resume Monday.

The post Eminem References Alec Baldwin’s Fatal ‘Rust’ Shooting in New Song: ‘Get Popped Like Halyna Hutchins’ appeared first on TheWrap.

The evidence in question is a collection of live ammunition rounds provided to prosecutors in March by retired Arizona police officer Troy Teske; this evidence was first mentioned during testimony in Baldwin’s trial on Thursday.

On Friday, Baldwin’s attorney Luke Nikas raised the matter again in a motion to have the case dismissed, asserting that the Santa Fe County Sheriff’s department failed on more than one occasion to inform the defense team it had possession of the bullets.

To defend these actions, Prosecutor Kari Morrissey took the unusual step of calling herself to the stand. Under oath, she testified under law enforcement as well as her office had determined years before that these bullets had “no evidentiary value.”

Nikas responded that prosecutors do not get to decide whether evidence should be excluded or not.

Judge Mary Marlowe Sommer demanded to see the rounds in question, which Morrissey handed to her.

Morrissey tried to tell Sommer that the defense had called crime scene technician Marissa Poppell Thursday night to ask her to bring the rounds to court and then called back to tell her not to bring them, but Sommer did not seem interested in hearing it.

The judge then opened the sealed envelope containing the ammunition and Poppell was called to the stand where she was quizzed by Baldwin’s other attorney, Alex Spiro.

When Morrissey questioned Poppell, she said she had never seen the ammunition or Poppell’s report before. She asked Poppell if she “buried it,” as the defense claimed, how did the attorneys know to question her about it on Thursday? “These are important questions,” she said.

Sommer had previously instructed all court officers to use gloves when handling the bullets, so when Morrissey touched some of them with her bare hands, the defense pointed out she should be wearing gloves. “These have been rolling around for three years,” Morrissey replied.

After a lengthy sidebar with the attorneys, Sommer recessed the jury for the day. “I’m sorry, trials are fluid,” she said. The judge initially told the jury to come back “tomorrow,” before it was pointed out that the next weekday is actually Monday. “It’s been a longer week than usual,” Sommer said with a sigh.

Soon after, Sommer dismissed the case entirely. Read more about that here.

This article was updated to correct information about the disputed evidence.

The post Alec Baldwin’s Lawyer Asks Judge to Dismiss Case on Day 3 of ‘Rust’ Trial appeared first on TheWrap.

Baldwin, who was starring in and co-producing the independent movie, is charged with involuntary manslaughter. The charges are a result of his alleged role in the death of “Rust” cinematographer Halyna Hutchins. The actor was handling the prop gun when it went off and shot her.

Baldwin has claimed that while he was holding the gun, he never pulled back the trigger. He pleaded not guilty after he was recharged this past January.

In order for Baldwin to walk away unscathed, his legal team must convince the jury that the loaded gun was not his responsibility as the actor. On Monday it was ruled that his role as co-producer is not relevant in this case. This could have a significant effect on the final verdict.

If convicted, the actor could face 18 months in prison. The trial began with the jury selection on Tuesday in a Santa Fe courthouse and the following proceedings are being televised. Here’s how to watch.

When is the Alec Baldwin trial?

The State v. Alexander Rae Baldwin trial kicked off on July 9 and will begin each weekday at 8:30 a.m MST. It is projected to last up to two weeks or more.

Is Alec Baldwin’s “Rust” trial streaming?

Yes. Court TV will be streaming the trial every day on their YouTube channel, as will Law&Crime Network on their YouTube channel.

You can watch Court TV’s livestream of Day 1 in the embed above.

Is the trial on TV?

Yes. Starting on July 10, Court TV will be bringing cameras into the Santa Fe County District Courthouse.

Court TV will be providing the coverage to other major networks. Due to the large interest in this trial, keep an eye out for more coverage on other major news channels.

Court TV has also released a 45-minute documentary prior to the trial called “The Case Against Alec Baldwin.” It is available to watch on YouTube.

What happened on the “Rust” set?

The shooting took place back in 2021 at Bonanza Creek Ranch in New Mexico during a rehearsal. Hutchins, who was 42, was shot in the chest and killed with a Colt .45 revolver. Baldwin was practicing using the “prop” weapon when it went off. The film’s director Joel Souza was also injured in the shooting.

Assistant director David Halls handed the gun to Baldwin and informed the set that it was “cold gun” (meaning there was no live ammunition). He was unaware that the gun was loaded with real bullets.

Since the incident, there have been several lawsuits involving other members of the “Rust” team.

On March 6, 2024, the film’s armourer Hannah Gutierrez-Reed was found guilty of involuntary manslaughter. She is currently serving an 18-month prison sentence, which is the same sentence Baldwin could face in the current trial.

Baldwin was initially charged in January of 2023 alongside Gutierrez, but his charges were dropped. He was then indicted with involuntary manslaughter again the following January.

The post How to Watch Alec Baldwin’s ‘Rust’ Trial Live Online appeared first on TheWrap.

The prosecution, however, revealed that this “good Samaritan” was in fact a longtime family friend of “Rust” armorer Hannah Gutierrez-Reed — who was convicted in her own manslaughter trial in March and is now serving an 18 month prison sentence — and that the purported evidence did not actually support the theory at all.

You can watch the entire day of testimony in the trial here.

On Thursday, Baldwin’s lawyer Alex Spiro raised the theory, originally presented and shut- down during Gutierrez-Reed’s trial, that someone wanted to sabotage the “Rust” set by putting live rounds into the film’s ammo supply.

While he cross-examined Santa Fe County crime scene technician Marissa Poppell, Spiro asserted that after Gutierrez-Reed was convicted, a “good Samaritan” turned ammunition over to police that matched the bullet that killed Hutchins, and told them it backed the sabotage theory. Spiro then accused prosecutors of hiding this from Baldwin’s defense team.

But prosecutor Kari Morrissey later revealed the identity of the mystery do-gooder: Former officer Troy Teske, who is a longtime friend of Gutierrez-Reed’s father. Morrissey used this connection to call into question Teske’s motivations for coming forward with this purported evidence in the first place.

Then under cross examination by Morrissey, Poppell asserted that the Teske’s evidence didn’t actually match the bullet that killed Hutchins.

“The information that the ‘good Samaritan’ Mr. Teske, the close friend of Hannah Gutierrez’s dad, when he, that ammunition that he brought to you after her conviction, you still have it?” Morrissey asked.

“Yes,” Poppell said.

“You can bring it in here and you can show it to the jury, right?” Morrissey asked. “And they can see for themselves that it does not match the live ammunition from the set of ‘Rust,’ correct?”

“Yes,” Poppell replied.

“And that is obvious when you look at it, is it not?” Morrissey continued, a question Poppell quickly answered in the affirmative.

During her February trial, as well as in TV interviews, Gutierrez-Reed’s lawyer implied that munitions supplier Seth Kenney might have put live bullets into the boxes of “dummy” rounds on the set of “Rust” to undermine the armorer. Kenney denied any involvement in the fatal shooting.

“This idea came up … what if someone sabotaged the set,” Baldwin defense attorney Alex Spiro said Thursday while cross-examining Marissa Poppell, a state’s witness who helped process much of the evidence from the ill-fated set. “This was dismissed early on … but you also need to investigate whether someone from outside the ‘Rust’ set was responsible … you continue to investigate that and you executed search warrants, correct?”

“Not me personally,” Poppell said, “but I remember that was something that needs to be investigated.”

Though Spiro did not directly accuse Kenney, his line of questioning referred back to the supplier several times. “Let me ask you something,” Spiro asked Poppell at one point. “At any point did you become suspicious of Seth Kenney?”

“No,” she answered flatly.

The trial resumes on Friday.

The post Alec Baldwin Trial: Defense Claims Prosecution Withheld ‘Good Samaritan’ Evidence Backing ‘Sabotage’ Theory appeared first on TheWrap.

During her February trial — and in early TV interviews — Gutierrez-Reed’s attorney had hinted that someone may have purposely put live bullets in boxes of “dummy” rounds to undermine the young armorer after a camera crew walked off in protest over gun safety. That someone was munitions supplier Seth Kenney, who took the stand in February to deny he was involved in any way.

That defense didn’t exactly work for Gutierrez-Reed, who is serving an 18-month sentence for manslaughter in the October 2021 accidental shooting death of cinematographer Halyna Hutchins. However, Baldwin’s legal team began deploying it anyway.

“This idea came up … what if someone sabotaged the set,” Baldwin defense attorney Alex Spiro said Thursday while cross-examining Marissa Poppell, a state’s witness who helped process much of the evidence from the ill-fated set. “This was dismissed early on … but you also need to investigate whether someone from outside the ‘Rust’ set was responsible … you continue to investigate that and you executed search warrants, correct?”

“Not me personally,” Poppell said, “but I remember that was something that needs to be investigated.”

Spiro referenced Kenney on several occasions, asking Poppell about serving a search warrant at his prop house and interrogating the nature of authorities’ friendly relationship with the ammo dealer. According to phone records and testimony, Kenney was actively helping investigators, making regular contact and offering guidance and evidence.

Though Spiro never drew any direct conclusions about Kenney, his questions did the talking:

“Let me ask you something,” Spiro asked Poppell at one point. “At any point did you become suspicious of Seth Kenney?”

“No,” she answered flatly.

Later in the cross-examination, Spiro began indirectly attacking the investigation team’s decisions that at least appeared to favor, or even protect, the prop arms supplier.

“You didn’t take surveillance footage [from Kenney’s prop shop], even though that could’ve shown who was coming and going?” Spiro said.

Poppell acknowledged that she had not.

The post Alec Baldwin Trial: Set ‘Sabotage’ Theory Makes Its Debut in ‘Rust’ Star’s Manslaughter Case appeared first on TheWrap.

The manslaughter trial of Alec Baldwin opened its Thursday session with a good old-fashioned scolding for visiting press corps, who apparently began leaving a regular mess in areas set aside for working press.

“I’m sorry, this probably isn’t the most appropriate time,” Judge Mary Marlowe Sommer said. “But, um, media, and media in the war room – or whatever we call it – um, one more cup and everybody is not allowed to bring any liquids of any kind whatsoever. OK?”

As judicial orders go, it was fairly low-stakes. But as a moment for reinforcing the stereotype of news reporters as thoughtless, slovenly, self-absorbed narcissists, it was a blockbuster.

Nevertheless, Her Honor was not having it.

“My staff, and our county people are not going to be picking up trash that you all can pick up. OK?,” she continued. “And that also means downstairs in the jury assembly room. So … one more cup, one more water – let’s just have some manners on picking up after ourselves, OK?”

So it was decreed, recorded and entered into the record.

The post ‘Rust’ Judge Scolds Press Corps for Leaving a Mess, Threatens Beverage Ban: ‘Not One More Cup!’ appeared first on TheWrap.