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Baldwin's defense questions 'Rust' investigation on second day of trial

The actor's attorney, Alex Spiro, thoroughly cross-examined expert witness Marissa Poppell, who was in charge of the crime scene.

Alec Baldwin(Zumapress.com / Cordon Press)

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On Thursday Alec Baldwin's defense focused its efforts on questioning the police investigation into the fatal shooting on the set of Rust, during the second day of the actor's involuntary manslaughter trial.

Baldwin was handling a .45-caliber Colt revolver during the tragic October 2021 rehearsal in New Mexico when the gun discharged a bullet that killed the Western's cinematographer, Halyna Hutchins, and wounded the director.

Facing the jury that will decide the fate of the Hollywood star, his lawyer, Alex Spiro, thoroughly cross-examined expert witness Marissa Poppell.  She was in charge of the crime scene at the time, and he suggested that the work was not thorough and that there may even have been a lack of transparency in the case.

"Isn't it true that you were just trying to get this over with so prosecutors could focus on Alec Baldwin?" asked Spiro.

"No," replied Poppell, who had tense moments on the stand during Spiro's lengthy cross-examination, a prestigious attorney who counts Elon Musk and Jay-Z among his clients.

The crime investigator originally claimed she opened "every box" at the headquarters of the supplier of prop guns for the tape in search of evidence, however, under pressure from Spiro she qualified the inspection as "reasonable."

The questioning followed the narrative lined up by Spiro on Wednesday, during his opening arguments, when he implied that investigators and the prosecution deliberately focused on Baldwin.

"Instead of trying to find the source of the lethal bullet, they focused on Mr. Baldwin," he said then.

Another actor with real bullets

Witnesses on the second day of the trial talked about the ammunition and the gun that took Hutchins' life.

Poppell revealed that during forensics they found live bullets in the prop car, bullet box and cartridge cases belonging to Baldwin and Jensen Ankles, another actor who was in the cowboy film.

Live bullets are not allowed on set.

The investigation into the case did not determine how the bullets got to Bonanza Creek Ranch in the first place, a traditional movie location in Santa Fe where they were filming the cowboy reel when tragedy struck.

To Poppell, the evidence suggested that the bullets came into play at the hands of Hannah Gutierrez, the young gunsmith hired to oversee Rust's props and guns.

Alexandria Hancock, the detective on the case at the time who also testified Thursday, concurred with Poppell's testimony when questioned by prosecutor Kari Morrissey.

In April, Gutierrez was found guilty of involuntary manslaughter by the same Santa Fe court and sentenced to 18 months in prison.

Baldwin, 66, could face the same fate if the jury finds him guilty.

The 30 Rock actor arrived at the courthouse in a dark suit and horn-rimmed glasses. With controlled expressions, and mostly with his arms folded, he watched the back-and-forth between the two legal teams.

In a show of support, they were seated behind his wife Hilaria and his younger brother, Stephen.

The Gun

Hutchins, a rising star, was 42 when she died on October 21, 2021. Of Ukrainian origin, she was married and had a son.

Baldwin has repeatedly said there was no trigger. But an FBI report, which showed test results of the Colt .45 revolver, contradicts his version of events.

On Thursday,  the prosecution, which characterized Baldwin as a powerful movie star who behaved "irresponsibly" and "without due regard for the safety of others,"  brought in the manufacturer of the gun, Alessandro Pietta, to substantiate that point.

"The only way to fire this gun is to pull the trigger?" prosecutor Erlinda Ocampo Johnson questioned him.

"That's the way to do it," the Italian replied.

"Is there another way?" the lawyer insisted. "No," Pietta said.

The gun was damaged during the FBI's tests, something Spiro claims prevents them from refuting the investigation's findings.

Either way, the lawyer included in his arguments that an actor "has a right" to pull the trigger on set and that the task of checking the gun's contents falls to production safety personnel such as armorers and prop managers.

The trial is scheduled to end on July 19, after which the jury will enter deliberations.

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