The actor shot his cinematographer Halyna Hutchins on the “Rust” movie set in Oct. 2021 and then walked outside while she bled to death on the floor. But he will face no consequences.

The prosecutor was totally outgunned by Baldwin’s high-price legal team. The jury was not even in the Santa Fe courtroom when the trial ended.

New ammo in evidence

Baldwin was charged (twice) with two counts of manslaughter for breaking all gun safety rules in a reckless manner when he shot and killed Hutchins. 

The decision to dismiss the case was due to rounds of ammunition that weren’t given to the defense before trial. One round apparently looked like dummies found on set. 

The judge agreed with the defense that the evidence could be prejudicial against Baldwin and could have been used to prepare for trial. The newly discovered ammunition did not explain the source of the “live round” that was in Baldwin’s revolver.

My story earlier today explains more in-depth the issues at court that led to this shocking outcome. Read it here: 

This shocking ruling is a travesty of justice. It shows, once again, that there are two systems of justice for the rich and powerful and for regular people. 

Baldwin will now go back to his big New York City apartment with his seven children and Spanish wife and film their new reality TV show like nothing happened.

Meanwhile, Halyna’s young son does not have a mother. The armorer Hannah Guttierez Reed, who just loaded the gun, is in prison for 18 months.

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This ruling has nothing to do with politics...

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In a dramatic turn of events, his high-priced lawyers demanded the judge dismiss the case over rounds of ammunition that no one seemed to know about before.

Is he getting a dismissal or a plea deal?

Baldwin hugged and conferred with his wife Hilaria/Hillary several times (watch one below) after the jury was dismissed until Monday. He is on trial for shooting and killing his cinematographer Halyna Hutchins in Oct. 2021 on the “Rust” movie set.

The Ammo

The defense team alleges the state withheld important evidence before trial. Special Prosecutor Kari Morrissey said she hadn’t seen the rounds in person before Thursday, but it was a “wide goose chase” because the photo showed it didn’t match the live ammo on set.

Then the judge had the ammo brought into the courtroom. She put on blue gloves and touched the evidence herself.

Sheriff Deputy Alexandria Hancock testified she put the ammo in a different case number. She also said it matched somewhat with dummy rounds on set. Then it was determined that one round matched dummies on the set.

The rounds of ammunition in question were given to the Sheriff’s office in March, the day that armorer Hannah Gutierrez Reed was convicted and started serving her 18-month prison sentence. It was given by a “Good Samaritan” named Troy Teske. He is a police officer and also a friend of Reed’s father, the veteran Hollywood armorer Thell Reed.

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Baldwin’s powerful lawyers called for the case to be dismissed because the prosecution was allegedly hiding evidence. The court restarted at 1 pm MT without announcing a deal.

I’m just….

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Bowles said Special Prosecutor Kari Morrissey messaged him late Thursday night to say she’s not calling Reed to the stand.

Reed’s lawyer, Jason Bowles, had told me on Thursday that she was going to take the 5th on the witness stand because of her pending appeal. Bowles said she would testify against Baldwin if the state would give her immunity.

Reed was recently moved from prison to a jail in Santa Fe for the trial. Bowles said the prosecutor Kari Morrissey is keeping Reed in the nearby jail. This means she may still be called to testify during the second week of the trial.

Reed’s testimony would be key to proving Baldwin…

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However, Baldwin dramatically changed his defense during Wednesday's manslaughter trial opening arguments about the shooting on the “Rust” movie set.

Pulled the Trigger

Defense counsel Alex Spiro began by showing the jury the video (below) of Baldwin earlier on the day of the shooting with his finger inside the trigger guard. This seemingly damning evidence was addressed as Spiro introduced the new defense.

Spiro then looked up at the Santa Fe jury and said, “No one saw him intentionally pull the trigger.”

“Intentionally.” Spiro repeated it multiple times. 

A stone-faced Baldwin watched his lawyer essentially say the actor has lied for almost three years.

You’ll remember that Baldwin got off the manslaughter charge the first time by claiming the gun had been altered so it could fire without a trigger pull. But I predicted a year ago that he would face a jury trial.

Spiro said that even if the prosecution’s can prove he pulled the trigger -- which they will with expert witnesses on firearms -- it doesn’t matter. 

“If he did [pull the trigger], of course, that would only make his statement incorrect,” claimed Spiro. “That would mean he misspoke, was incorrect.”

The defense attorney claimed pulling the trigger was a non issue either way. 

“Even if he intentionally pulled the trigger...That doesn’t make him guilty of homicide,” said Spiro. “He did not know the gun was loaded with a live bullet.”

Actor’s Privileges

Spiro claimed the actor has special privileges and does not need to adhere to the safety rule to always check to see if a firearm is loaded. There was one real bullet in the revolver. 

“Actors don't check the weapon. Safety is ensured by someone else,” said Spiro.

He said the crew was responsible for checking to see if the gun was loaded for Baldwin. He blamed the “live round” in the gun on armorer Hannah Gutierrez Reed, who was convicted of manslaughter, and Assistant Director Dave Halls, who pled guilty to a lesser charge. 

Spiro argued that actors can’t check their own guns because of their creative process. “The gun has to be safe before it’s put in the actor’s hand because he’s thinking about his role as Harlan Rust,” claimed the attorney.

Special Prosecutor Erlinda O. Johnson said earlier in the day:

The evidence will show that someone who made ‘make believe’ with a real gun and violated the cardinal rules of firearns safety is the defendant Alexander Baldwin.

Johnson explained to the jury, “While it was a movie set, it was a real workplace... A prop gun is a real gun.” She said that every time Baldwin was handed the gun, he never did a safety check with the “inexperienced armorer.”

The defense claimed Baldwin didn’t want to “offend” Hannah.

Case Against Baldwin

Before the defense essentially admitted Baldwin pulled the trigger, the prosecution described what their witnesses will say about the claim.

“Firearm experts will tell you that gun will not discharge without a pull of that trigger,” said Johnson.

The prosecutor explained that “because the defendant is claiming he didn’t pull the trigger,” the state had forensic testing on it by the FBI and an independent expert. 

(Watch below when Baldwin declared on ABC that he didn’t pull the trigger.)

FBI expert Brye Ziegler will testify that, in tests, “not once did the gun malfunction or discharge on its own.”

Independent and highly respected firearm expert Lucien Haig will testify that the “gun the defendant asked to be assigned worked perfectly fine as it was designed.”

Johnson spelled out how Baldwin didn’t adhere to any of the three gun safety rules -- check if the gun is loaded, put your finger on the trigger only when you’re ready to shoot and keep the gun pointed in a safe direction.

Instead, Baldwin intentionally pointed the gun at Hutchins, with director Joel Souza behind her. Baldwin blamed Hutchins for telling him to point it at her.

“He pointed the gun at another human being, cocked the hammer and pulled the trigger in reckless disregard for Ms. Hutchins’s safety,” declared the prosecution. “For justice to be served, the only true verdict is guilty.”

Baldwin’s defense countered: “Justice is the truth. Alec Baldwin committed no crime.”

Was Baldwin Lying About Not Pulling the Trigger?

Spiro left open the possibility that the defense would revert back to Baldwin’s claim that he did not pull the trigger. He said the gun owner's manual said it can “go off” from being dropped. 

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As I’ve written in the past, Baldwin most likely believed in the beginning, he didn’t pull the trigger because of the complicated firearm maneuver. He did a cross draw-- which means taking the gun out of a holster with your opposite hand. He had refused the armorer’s request that he train to do the maneuver.

Plus,

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Baldwin showed up Tuesday morning outside court with his wife Hilaria and the youngest of their seven kids. Hilaria — who lied for years about being from Spain — held the baby girl for a photo op and then put her on the ground in front of the press.

Next, Baldwin came from his separate black SUV and walked over to his wife and baby as the cameras rolled. He tried to get the baby to “come to daddy,” but he didn’t succeed. Watch here.

The Baldwins’ photo op seemed to work with the clicking of cameras. The actor then left his family and walked ahead into the courthouse for the start of jury selection for his manslaughter trial.

But when Hilaria handed the baby to a nanny, the child started screaming and crying in front of the press. You can watch the crying baby video here, courtesy of Angenette Levy from the Law & Crime network.

Baldwin’s wife looked back once at the baby crying but kept walking into court. They left the impression of uncaring parents who used their child as a prop. The stunt was a failure.

Baldwin’s Monday Surprise

As I’m registered media for the trial, I’m on the court’s public affairs media advisory list. They warned that Baldwin was not supposed to be in court on Monday for pretrial hearings. He filed this waiver of personal appearance for all pretrial proceedings in the case.

However, Baldwin surprised everyone by showing up with his legal team and walking into the courthouse to a pool of photographers.

Once seated at the defense table on camera, the actor appeared calm and neutral during the proceedings. He wore black-rimmed glasses, a suit and tie and close-shaven gray hair. His lack of reactions showed he was media-trained and well-prepared by his defense team.

Part of the intrigue of this trial is whether he will lose his cool during the testimony. Remember, Baldwin punched a man over a parking spot. He recently knocked the phone out of the hand of an annoying protestor.

Baldwin’s Big Win

Baldwin's defense scored a significant victory when Judge Mary Marlowe Sommer ruled that the special prosecutors could not introduce evidence about Baldwin's role as a producer for "Rust."

This limits the state's ability to argue that Baldwin was responsible for the set's safety issues, focusing the case solely on his actions as an actor handling the gun. This greatly narrows the state’s ability to give the jury options on why to convict him.

Baldwin’s expensive legal team— Luke Nikas and Alex Spiro— is very talented and seemed to quickly overpower New Mexico State Prosecutor Kari Morrissey. The defense cannot be underestimated to convince a jury that there is reasonable doubt that Baldwin is guilty of recklessness with a gun.

Guilty or Not? 

Almost three years ago, I bucked the big media narrative that Baldwin would get away with it because he’s an actor. I wrote in my first story to you after the shooting: 

The Hollywood version of the Alec Baldwin story is that the actor killed a woman with a prop gun and a blank and is not at fault.

The true story is that Baldwin shot two people with a real gun and did not follow firearm safety rules.

I believe that is still the simple case now. Baldwin does not get special legal privileges for being an actor. He failed to check if the gun was loaded with a real bullet, pointed it directly at Halyna Hutchins and pulled the trigger—a fact that will be confirmed by expert witnesses.

Covering the Trial

After reading some of your encouraging comments in my last email, I finally decided Sunday night to buy a one-way ticket to Santa Fe and book a hotel. I was excited to cover the trial directly from the courthouse, even if I couldn’t get a seat in the courtroom.

For the first time, I was traveling without being paid by a media outlet that would also cover my travel costs. Your financial support would have been crucial for this independent reporting effort.

However, as I watched the televised pretrial hearings on Monday, I saw very little public or media attention for the trial. Pres. Biden’s death watch has completely taken over the news (rightly so.) Even if I managed to get an exclusive scoop from sources on the ground, my work probably would not get much readership.

It’s hard to say if the Baldwin trial will gain traction in the way the ones for Johnny Depp and Alex Murdaugh did. The second week of the trial is more unlikely to see a surge in interest since it overlaps with the RNC Convention, where Donald Trump will be the center of attention.

Late last night,

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Please read about the possible t…

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“We're coming to TLC! God help you all,” Baldwin said while smiling, as his seven small kids ran screaming through their gigantic New York City apartment.  

Home or Court TV

Alec, 66, and his wife “Hilaria”, 40, laughed and joked in the Instagram video (below) promoting “The Baldwins,” which will air in 2025. Hilaria said in her trademark fake Spanish accent that the couple is “done having kids” after seven.

"We're inviting you into our home to experience the ups and downs, the good, the bad, the wild and the crazy," said Baldwin. "Home is the place we love to be most." 

Home is not where Alec will be on July 9th. He will be in a Santa Fe courtroom to defend himself against charges of violating all gun safety rules and causing the death of the young mother, Hutchins, on the “Rust” movie set in 2021.

I can think of three possible motives for this reality show.

Motive 1: Jury

The timing of Baldwin’s video promo showcasing a happy family life could be an attempt to influence potential jurors to believe he might be a decent person.

This new family-friendly video contrasts sharply with his post-shooting interview on ABC News. He expressed no “guilt” for Hutchins' death and claimed he would not face criminal charges.

Baldwin blamed everything on Hutchins for telling him to point the gun at her and movie armorer Hannah Gutierrez-Reed for loading the gun with real ammunition.

Flashback:

He also wrongly declared that he would not get criminally charged and did not pull the trigger.

Compared to Balwin’s bad public image, Reed was virtually unknown to the jury.

The actor’s high-powered lawyers were in court during Reed’s trial. It must have rattled them that she was tried on the same charge, and it ended with a swift guilty verdict. The young woman was also slammed with a maximum 18 months in prison.

Motive 2: Money

Baldwin considers himself a big movie actor, so it’s curious he would do a cheesy reality TV show. It could mean he needs the money since he has the criminal and civil legal bills and the seven little kids.

(He has an eighth child, a daughter Ireland, from his first marriage to Kim Basinger. Some jurors may remember Baldwin called Ireland a “thoughtless little pig” on a voicemail when she was a child.)

Another sign he’s strapped for cash is that Baldwin took $10 million off his Long Island beach compound listing earlier this year. He filmed his own ad for his $19 million, watch it above.

Motive 3: Fake Spanish Wife, ‘Ven Aqui’

There’s no doubt that…

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However, Baldwin has a history of violent behavior and assaulting random people. Also, his trial on an involuntary manslaughter charge for the death of his cinematographer on the “Rust” movie set is coming up in June. The trial prosecutors have filed documents saying Baldwin has “absolutely no control of his own emotions.”

Pro Palestine v Baldwin

Watch the video on the encounter with the liberal activist known as Crackhead Barney below:

“Crackhead” is extremely annoying and would make anyone want to scream back.

Baldwin was right to refuse to say “Free Palestine”  and “F--k Israel.” He was smart to not respond when she referred to the “Rust” shooting by saying, “You killed that lady and got no jail time.”

But does he deserve all the credit he got from influential people and social media for punching at her cell phone?

Pro Baldwin Voices:

Megyn Kelly, the enormously popular podcaster (who I know and like a ton) posted on X:

Team Baldwin. You deserved it “Crackhead.”

Arsen Ostrovsky, an international human rights lawyer wrote:

Alec Baldwin is my new hero! Guy just wanted to get coffee, then a Hamas fangirl @CHBAF accosted him, repeatedly demanding: "Just say 'Free Palestine' and I'll leave you alone, just one time."

Christian author and speaker Eric Metaxas wrote:

If you hate Alec Baldwin -- who is NOT a murderer -- and cannot stand w/him when he is in the right, you're channeling the demonic spirit of cancel culture, and God cannot use you. Stand with the truth no matter what.

Outkick’s Clay Travis wrote:

I actually think Alec Baldwin was fairly chill here. Shoving phones in people’s faces and walking around filming them while demanding they repeat your favored political slogans isn’t normal or commendable behavior. The recorder is the bad guy here.

Walk away?

None of these people seem to consider that well-known hothead Baldwin could have just walked out, not hit the phone and avoided most of the viral video. But that’s not his pattern.

Instead, the actor told the coffee shop employee to kick the woman out of the store and call the police for “harassment.”

Outside, The Daily Mail got photos (above) of Baldwin and “Crackhead Barney” continuing the physical conflict outside.

Prosecutors: Baldwin had no control over his emotions

In July, Baldwin will face a New Mexico journey for the involuntary manslaughter charges against him for shooting and killing Halyna Hutchins.

Earlier this month, the special prosecutors filed a 400-plus-page response to Baldwin’s request to dismiss the indictment. In the document, they wrote about the actor’s actions:

In addition to rushing the cast and crew, Mr. Baldwin was frequently screaming and cursing at himself, at crew members or at no one and not for any particular reason.

To watch Mr. Baldwin's conduct on the set of is to witness a man who has absolutely no control of his own emotions and absolutely no concern for how his conduct effects those around him.

Witnesses have testified that it was this exact conduct that contributed to safety compromises on set.

Baldwin’s aggressiveness was part of the chain of events that led him to point a loaded gun at Hutchins and pull the trigger.

Baldwin’s Violent History

While Baldwin is getting virtual high-fives for hitting a phone and not using anti-Israel rhetoric, people seem to have forgotten his long history of physical assaults. Here are my top five:

1. Baldwin was arrested and charged in 2018 for punching Wojciech Cieszkowski on the head over a parking space in front of his building.

   My good friend Tara Palmeri of Puck News tweeted at the time that the incident was not out of character:

Alec Baldwin also told me "I hope you choke to death" when I was on assignment, staking out his house

Baldwin pled guilty to harassing Cieszkowski and was ordered to pay a fine and take anger management classes. A few months after the “Rust” shooting in early 2022, Baldwin settled civil cases with Cieszkowski— probably hoping to get that case out of the spotlight.

2. Baldwin got into a fight with a paparazzo photographer in 2013 and was photographed pushing the man against a car. (Photo above from ET.)

3. In 2012, “New York Daily News” photographer Marcus Santos claimed Baldwin punched him outside the Manhattan marriage license bureau. Santos told police that Baldwin punched him on the chin.

   Baldwin said Santos hit him with his cameras. The Manhattan DA declined to charge the actor.

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4. This event…

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However, a jury and now a judge have decided that Reed is fully responsible and should get the maximum sentence of 18 months in prison. 

Does this mean Baldwin will get off in his upcoming jury trial— and does that show there are two systems of justice in America?

Or will Baldwin face the same punishment if he’s found guilty? Do you think he’s scared?

Let’s discuss in the comments... Keep reading for what happened in court on Monday. 

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Judge Throws the Book:

Reed said to the judge in her allocution: “I beg you, please don’t give me more time.”

She was convicted last month of involuntary manslaughter (story here) for the death of Halyna Hutchins. She has been in jail since then. 

Judge Mary Marlowe Sommer was unsympathetic to Reed, saying:

You were the armorer, the one that stood between a safe weapon and a weapon that could kill someone. You alone turned a safe weapon into a lethal weapon.

But for you, Ms. Hutchins would be alive, a husband would have his partner and a little boy would have his mother.”

Sommer then ordered Reed to be taken to prison.

Before her ruling, the judge said there were three options. Reed could get probation and be released.  Sommer said that was not on the table because Reed lacked remorse. 

The judge also considered letting her stay in jail for a total of 12 months and “not experience prison.” Sommer said to Reed, “This would give you a pass you do not deserve.”

Lack of Remorse?

Reed cried during her allocution when saying the media has portrayed her as a monster. She said that is the “total opposite of what’s been in my heart.”

Reed asked the judge for probation. She was 24 at the time of the 2021 shooting and told the judge that she was “young and naive” but took her job as seriously as she knew how. She said she performed well despite not having the “proper time, resources and staffing.”

“She has truly felt remorse,” her lawyer Jason Bowles added after Reed finished speaking. Bowles also reminded the judge that Baldwin will be on trial on the same charge in July for his role in the tragedy. 

The judge pointed out that Reed did not say in her allocution that she was sorry for her actions. “Your lawyer had to say you were remorseful,” said Sommer. 

Jailhouse Phone Calls

The judge made her ruling partly on Reed’s jailhouse phone calls that prosecutor Kari T. Morrissey released in summaries. The prosecution said that Reed never expressed remorse on more than 200 calls.

The calls are not transcribed, but these are some key ones that were used against her. (Each line is a different call, I just moved them around for similar issues.)

Hannah said that she didn’t need to be shaking the dummies all the time.

Hannah is dismissive of the judge talking about someone dying as a reult of her actions.

Hannah says that she can’t believe the judge put her in jail

Hannah says that the judge is terrible and on a power trip.

“When they say a jury of your peers, they mean f—king retards,” said Hannah.

She also said the jury didn’t look at the evidnce and are “a—-holes.”

In another call, she said the jury “was so f—-ing stupid” and couldn’t tell what was happening.

The judge read this one directly:

Hannah says that people have accidents and people die, it’s an unfortunate part of life, but it doesn’t mean she should be in jail.

Other calls are interesting for going forward:

Hannah want them to put Alec Baldin in jail too.

Hannah said if she is subpoenaed to Baldwin’s trial, she will not show up

You can read all the jailhouse call summaries in the document that I put at the bottom for paid subscribers.

Emotional Sentencing

The prosecution said Reed deserves the maximum sentence because she brought the real ammunition (“live rounds”) to the set and didn’t properly check the gun before giving it to Baldwin.

The prosecution presented testimony and videos from Hutchins’s friends, coworkers, and family. They said they wanted justice, missed Hutchins and loved her. Hutchins’s husband and son were not shown on video and did not seem to be in court.

Gloria Allred spoke in court as the lawyer for Halyna’s parents and sister. They are suing Baldwin for her death.

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By video, Halyna's mother in Ukraine and sister said how much they missed her and that no legal proceeding would take away their daily grief and pain.

Is Baldwin going to get off?

As I have written for two and a half years, I think Baldwin…

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One of the final witnesses for the defense-– a firearm expert, of all people-– pointed a gun directly at the judge. Spectat…

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It has also emerged that the armorer, Hannah Gutierrez-Reed, might have directly handed the gun to Baldwin rather than passing it to the assistant director. Furthermore, Hutchins's initial words after being shot are now public knowledge: "I can't feel my legs."

As the trial unfolds, it becomes increasingly evident that the entire incident was both preventable and horrific.

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**Click here to read all my reporting about this case since Oct. 2021.**

Guiterrez-Reed faces involuntary manslaughter charges and up to 18 months in jail. She has pled not guilty to all the charges.

Baldwin’s trial on similar charges will be in June. Most or all of the same witnesses will testify in both trials about the Oct. 21, 2021 shooting. 

Baldwin’s Reckless Gun Handling

Special Prosecutor Kerri Morrissey showed the jury videos on Thursday of Baldwin waving around a loaded gun, pointing it at the camera crew and demanding it be reloaded faster.

In one video of a rehearsal, Baldwin rapidly fires blanks from a revolver. The director yells “cut.” But Baldwin didn’t stop shooting the dangerous blanks. Instead, he yelled at the crew, “One more, one more, one more!” 

The crew still wasn't moving fast enough for Baldwin. He yelled  “Right away! Right away! Let’s reload. Here we go, c’mon!”

I cued you CourtTV to watch the video of Baldwin yelling here.

You see Gutierrez-Reed quickly reloaded Baldwin’s gun. As she worked, Baldwin yelled at her to hurry. Anyone who has shot a gun knows that you must be cautious, and meticulous and always abide by the safety rules. There didn’t appear to be the normal safety check of the ammunition in the rush to reload.

Baldwin also demanded that there be more loaded guns on set so he could shoot even faster. “Here we go, C’mon,” he said. “We should have had two guns and both reloaded.”

I cued up the video on YouTube here of Baldwin yelling at his armorer to load more guns.

Baldwin Was Reckless for Hollywood Standards

Morrissey asks the state’s witness— expert armorer Bryan Carpenter— if Baldwin’s behavior was typical on a movie set. Carpenter says no because Baldwin was basically instructing the armorer how to do her job. 

Carpenter said if he had been the armorer in the same situation, he would have told Baldwin to stop shooting when the director yelled cut and slow way down overall. He said he would have ordered the actor to abide by the gun safety rules- given in regular safety meetings on set— in particular not pointing a gun at the cast and crew.

It also came out in the trial that Baldwin demanded to use real guns in “blocking” and rehearsal scenes when rubber guns would have sufficed.

Carpenter also pointed out that Baldwin was shooting almost directly at his crew and the camera. He said that should never happen with a gun loaded with fully loaded blanks. The actor should point as far as four feet away from the camera.

The expert armorer also said that on the sets of his movies, the camera crews often wear protective gear when doing scenes with fully loaded blanks, not even anticipating real ammunition.

Another video shows (cued up here on CourtTV) that Baldwin yelled at the cast and crew while waving a gun around at them.

Carpenter said “He’s using the weapon as a pointing stick.” He said the gun was likely loaded with full flash blanks, and that it was dangerous behavior. 

Cost Cutting Production

Morrissey then asked Carpenter what Gutierrez-Reed should have done about Baldwin’s actions. He said she should have “interceded” and told Baldwin to have muzzle discipline (not point the gun at people.)

Obviously, Gutierrez-Reed was only 24 years old and new to the business so didn’t have the authority to stand up to a famous movie star with a bad temper. 

Carpenter also testified that the film should have had two armorers because of all the gun fights, while there was really only half of one on “Rust.”

Gutierrez-Reed was hired to do two jobs-- armorer and props assistant. She requested more time for her gun and ammo duties but was denied.

Baldwin was a producer of the cost-cutting film, which may come up in his trial scheduled for June. 

Who Gave the Gun to Baldwin?

The confusion regarding who gave the gun to Baldwin adds a layer of complexity to the trial. First Assistant Director Dave Halls, responsible for safety on set, surprised court watchers by stating he did not give the gun to Baldwin and never called out "cold gun."

Halls pled no contest for negligent use of a firearm for his role in the Hutchins’s death and got six months suspended probation. 

Defense attorney Jason Bowles asked Halls if he was aware that Baldwin originally told sheriff deputies that Gutierrez-Reed gave him the gun. Asked when Baldwin changed his story to the sheriff, Halls said it came months later after Gutierrez-Reed said she gave Baldwin the gun.

There’s of course a fog of war with this shooting but it was quite surprising that the basic chain of custody of the gun has changed and is still not solved. 

Safety Check Oversight

During testimony, Halls admitted to seeing Gutierrez-Reed spin the loaded revolver's cylinder during a safety check but said he only looked at “three to four rounds” of the six. Halls testified, “I did let that safety check pass.”

(It’s still unclear why it was loaded for the blocking scene.)

For whatever reason, neither side in the case asked why Baldwin didn’t do a safety check with his crew when he took the gun. 

Halls Breaks Down in Court

When asked what happened before the shooting, Halls started crying. He said Baldwin continually took the loaded gun in and out of the holster on his right side and pointed it while talking to Hutchins. 

Morrissey asked, “And then what happened?”

“The gun went off,” said Halls. 

“What did you think happened?”

Halls started crying more. 

“So many thoughts. The idea that it was a live round of ammunition that went off-- it wasn't computing,” said Halls. “My thought was a blank round had been loaded. There have been other instances when an actor was killed from a blank round. I thought maybe there was something in the blank.... “

Morrissey asked if Halls talked to Hutchins after she was shot because he was only about three feet away. He said he went to her. 

“I said, “Are you all right?” Halls recalled, choked by tears. “She said, ‘I can't feel my legs.’”

The bullet entered her chest and went through her body. It then hit the director, Joel Souza, who screamed out in agony.

Souza testified on Friday that he couldn’t believe he was hit with real ammunition on a movie set until the hospital doctors finally showed him the bullet in his back.

Devastating. 

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The live round

Halls then got the revolver from where Baldwin had left in the pews to go outside and make phone calls. He took the gun to Gutierrez-Reed’s cart outside and demanded she unload it… (Continued below for paid subscribers.)

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Under the terms of his release, he cannot possess a gun. He cannot drink alcohol or do drugs. He also cannot leave the country without the court’s permission.

Baldwin agreed not to communicate with witnesses for the case except as it relates to the release of “Rust” and promoting the film. He explicitly cannot solicit the cast and crew for statements regarding safety on the set. The full terms are below.

The “Rust” armorer, Hannah Gutierrez Reed, is also charged with involuntary manslaughter. Unlike Baldwin, she appeared in court for her first arraignment in Santa Fe, NM. Baldwin left New Mexico after he killed Halyna Hutchins in Oct. 2021 and is not known to have returned for the investigation and court proceedings.

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Here are the two court filings that Baldwin signed electronically:

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A lawyer for the victim's family, Gloria Allred, disputes the union's stance, asserting that the jury will ultimately determine responsibility.

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Union Rules

SAG-AFTRA, which represents actors, issued a lengthy statement (read it here) to defend performers and place blame on the crew. 

“An actor’s job is not to be a firearms or weapons expert.” SAG-AFTRA wrote. “Firearms are provided for use on set under the guidance of multiple expert professionals directly responsible for the safe and accurate operation of that firearm.”

The statement referenced an industry-wide safety bulletin with guidelines “that do not make it the performer’s responsibility to check any firearm.” This clearly references the real bullet or “live round” that Baldwin didn’t know was in his revolver.

Victim’s Voice

Famed lawyer Gloria Allred represents Hutchins’s parents and sister in a civil suit against Baldwin. She emailed me in response to the SAG-AFTRA statement. 

“The notion that an actor is not responsible if that actor holds a gun, points it at someone on a movie set, and discharges the weapon flies in the face of common sense and the law,” said Allred. (Her full statement is at the bottom for paid subscribers.)

“Safety protocols may be considered at trial, but they are not the law. This indictment was the result of a careful assessment by the grand jury of all the facts and the law.”

Baldwin has been called to a New Mexico court on Feb. 1. He will likely do it virtually (link is below) and give a plea of not guilty. His lawyers are asking for a “speedy trial.”

Hollywood gun policy

The industry’s safety bulletin from 2009 is much more explicit about the gun rules than the new SAG-AFTRA statement. 

As Allred pointed out, the union defense of Baldwin only refers to actors supposedly not being responsible for checking to see if a gun is loaded. It does not address the other gun safety rules that Baldwin broke. 

The safety bulletin says “NEVER place your finger on the trigger until you're ready to shoot.” Baldwin denies putting his finger on the trigger or pulling it, but FBI forensics proved he did. 

The bulletin also says to “refrain from pointing a firearm at anyone, including yourself.” It explains that it if is “absolutely necessary” on camera to do so, the actor should consult with the safety crew. It says, “Remember that any object at which you point a firearm could be destroyed.”

Baldwin said in 2021 that he knew not to point a gun at someone. He said that he pointed it at Hutchins because she told him to do it (ie he blamed the victim.)

To refresh your memory of Baldwin’s litany of excuses in an ABC interview after the shooting, this was my story about the top 10 excuses:

I made this graphic of his quotes from the interview. We can assume these excuses will be used by both sides at trial:

Real Bullets on Set

Baldwin stated that he did not check for live rounds, assuming the movie's armorer, Hannah Gutierrez Reed, loaded only blanks.

Even after multiple investigations, no one yet knows how the real ammunition got on the set. Reed said she loaded the gun before handing it off to the assistant director.

Although the safety bulletin does not tell the actors to check what’s loaded in their firearm, it requires a safety meeting before the scenes. According to Reed, Baldwin was distracted on the phone with his family during her abbreviated training session with him. Reed asked her boss for more time to train Baldwin and was refused.

(Baldwin was also a producer on this film, but it’s not clear if that factored into the grand jury’s decision to indict him.)

While Baldwin may point to these Hollywood safety protocols as his defense for not checking if the gun was loaded with real ammo, back when this happened, movie star George Clooney said he always checks his own guns before firing. So,

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As I predicted several months ago, this puts Baldwin on the path to a trial by a jury of his peers in New Mexico— and I want to cover it. 

Click here to read all my reporting about this case since Oct. 2021. When the trial date is announced, I will ask free subscribers to convert to paid to cover my travel expenses.

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Baldwin faces criminal charges for pointing a loaded gun at Halyna Hutchins and then pulling back the hammer and then the trigger. Baldwin then walked out of the room while Hutchins bled out on the floor of the church movie set.

There are two felony charges in the indictment, below. The more serious one accuses him of causing Hutchins's death by an act with “total disregard or indifference for the safety of others.” The other charge is for causing her death by the negligent use of a firearm.

According to the AP, the grand jury was convened this week and the special prosecutors presented the case against Baldwin for a day and a half.

The actor denied pulling the trigger to the sheriff and the media. However, an FBI forensics analysis and an independent firearms report both proved him wrong. 

This is the second time Baldwin has been criminally charged for the shooting. The local district attorney charged him exactly a year ago with two counts of involuntary manslaughter.

But special prosecutors— Kari T. Morrissey and Jason J. Lewis— then dropped the charges in the spring over Baldwin’s lawyers’ false claim that the trigger had malfunctioned.

Baldwin’s lawyer Luke Nikas did not respond to my request for comment, but he told the AP, “We look forward to our day in court.”

I asked the special prosecutors who convened the grand jury for comment but did not get a response. I also asked the movie’s armorer’s lawyer for comment, but he declined to comment immediately.

The armorer, Hannah Gutierrez Reed, is facing a trial in February for involuntary manslaughter even though she did not give Baldwin the gun. Reed has been the scapegoat for Baldwin, in my opinion, and this decision by the grand jury brings some fairness to the case. 

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Meanwhile, Baldwin must have been anticipating this coming and needing more legal fees paid…

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Baldwin shot and killed his cinematographer on the “Rust” movie set in 2021. He denied pulling the trigger of the gun. But both an FBI forensics investigation and an independent firearms expert reported the trigger was pulled. Now, the entertainment media are making Baldwin out to be an innocent bystander while he may be criminally charged again.

The movie’s PR team released some still photos from the set on Tuesday. This resulted in a round of promotional stories that showed media outlets not reporting accurately how Baldwin shot Halyna Hutchins.

Deadline: “Hutchins was killed by a bullet from a prop gun held by Baldwin that discharged”

The bullet killed her on its own?

The Daily Mail:  “...the gun in Baldwin's hand went off during rehearsals” and “Baldwin was holding the gun when it went off, but he has publicly denied pulling the trigger”

No gun in history just “went off” on its own. The proper journalistic way to report this story is that special prosecutors alleged Baldwin pulled the trigger based on the FBI forensics.

The Santa Fe special prosecutors said they are calling a grand jury to refile involuntary manslaughter charges against Baldwin. They’ve been quiet for the past month so they are likely either getting the criminal charges or again negotiating a plea deal.

(If this goes to a jury trial, I want to cover it in person in New Mexico.)

Yahoo: “…a gun held by the "30 Rock" actor went off”

Baldwin wasn’t just holding it. He pulled the gun from the holster and yanked back the hammer of the revolver. He admitted to the sheriff and reporters that he broke gun safety rules — which he knew — by not checking if the gun was loaded and pointing the gun at Hutchins.

I told you recently that I put in a public records request for Baldwin’s cell phone on the day of the shooting. I got a response from the Santa Fe sheriff by a letter in the mail, which is at the bottom of this story for paid subscribers.

Entertainment Tonight: “...the prop gun Baldwin was holding suddenly discharged”

It suddenly discharged when he pulled the trigger. 

Screen Rant: “…a prop gun handled by actor Alec Baldwin accidentally fired a live round”

It was a real gun, not a prop. It didn’t accidentally fire. He pulled the trigger and it functioned normally. 

Entertainment Weekly: “Hutchins died in an accidental shooting after Baldwin's prop gun discharged...The actor has maintained that he did not discharge the prop gun.”

That’s factually inaccurate. Baldwin admitted he shot — or discharged— the gun.

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The news media had been mostly accurate over the past two years about the allegations against Baldwin. But the entertainment media

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The actor faced legal action on four counts after directing his Instagram followers to attack the widow and sisters of a Marine killed in the Afghanistan withdrawal. You first read about the suit exclusively here when it was filed two years ago.

Attorney Dennis Postiglione represents fallen Marine Lance Cpl. Rylee McCollum’s widow Jiennah “Gigi” and sisters Cheyenne and Roice.

“My clients are happy that this matter is over,” Postiglione told me by phone. “They look forward to moving on— without Alec Baldwin in their lives.”

This is the conclusion of my 12-part, exclusive series about this $25 million lawsuit. You can scroll to the bottom to read the stories from the beginning.

Court case closed

The McCollum family initially planned to replead the case after it was dismissed by a New York Southern District judge in August.

“Baldwin gets away with everything,” said Roice at the time. “He is a bully to everybody.”

However, Postiglione did not file the legal response due by Sept. 12 which would have kept the case moving forward.

Roice, Gigi and Cheyenne all told me this week that they can’t talk about the case.

Legal experts say a settlement between high-profile parties would likely have a confidentiality agreement about the terms.

Did Baldwin pay?

Baldwin’s attorney Luke Nikas did not respond to my questions about whether his client paid the McCollum family to settle the case.

The McCollums said in the suit that they wanted to be fully compensated for their damages and to “punish, deter, and teach Baldwin a lesson that he frankly should have learned years ago.”

Nikas also represents Baldwin in his criminal case for shooting and killing Halyna Hutchins on the “Rust” movie set in 2021. (I have news from the Santa Fe sheriff on Baldwin’s secret cell phone records at the bottom for paid subscribers.)

Baldwin blows

The McCollums filed the lawsuit after being subject to intense online hate and real-life harassment after Baldwin targeted the young women with his 2.4 million Instagram fans.

Baldwin shared a photo that Roice posted (above) of the Jan. 6 rally and wrote that she is an “insurrectionist.” Baldwin also privately messaged her with false accusations and a sarcastic “good luck.” See here:

Roice publicly stated that she was never in the Capitol and cleared by law enforcement.

Family under attack

“Baldwin is very politically active on the opposite side of the spectrum,” Roice said. “He has been the subject of online harassment. He knew that publishing my name with his opinion would have a serious backlash, and he did it anyway.”

The Gold Star family was subjected to death threats and hate in places like the grocery store. Since Baldwin’s posting, the McCollums have continued to be targeted with online hate. They have been called white supremacists, Nazis and told Rylee’s death was in vain.

Baldwin’s online assault on the grieving family came a mere four months after Rylee, 20, was killed at Kabul Airport by a suicide bomber. Gigi was eight months pregnant at the time.

Gigi said Baldwin’s attack was “exhausting.” She told me that while it may seem like a small thing to others, it felt like her entire life was on “blast” again.

“Alec Baldwin holds himself on a very high pedestal and believes he can get away with anything,” Gigi said when the attacks on her family were at their worst. “I just want him to know he can’t get away with tearing people down.”

J6 from Wyoming to New York

The McCollums originally filed the $25 million lawsuit in federal court in their home state of Wyoming. Baldwin fought it and won a dismissal on jurisdictional grounds.

The family then refiled in New York, where Baldwin lives. Judge Edgardo Ramos, a Pres. Barack Obama appointee, dismissed the case.

The judge concluded that Baldwin calling Roice an “insurrectionist” was not false and with actual malice. Ramos adopted Baldwin’s definition of “insurrectionist” to mean anyone who attended the protests in Washington on Jan. 6, 2021.

“I just attended a rally. I did nothing wrong,” said Roice. “He is calling me guilty without any facts.”

The judge left open the family’s ability to refile within weeks. That appears to be the time when settlement talks began.

Lessons from a Gold Star Family

“Rylee was the type of person to always root for the underdog— anyone who couldn’t help themselves. He would drop everything to help someone if he could,” Gigi said in an interview when they filed suit.

“That’s why this whole situation makes me mad. Alec Baldwin uses his power and influence to hurt people instead of helping them. I just want him to know he can’t get away with it. People will fight back.”

They will fight back and win. These brave young women succeeded in honoring the memory of a Marine hero who stood up for the underdog to his final breath.

What do you think about how this lawsuit ended? Do you think Baldwin will change his aggressive behavior on social media?

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Paid subscribers — Scroll down for the news about Baldwin’s secret cell phone records and how you can help me in the investigation…

$25 Million Defamation Lawsuit Series:

1. EXCLUSIVE: Alec Baldwin Sued by Fallen Marine Family for $25 Million (Jan. 2022)

2. EXCLUSIVE: Alec Baldwin responds to fallen Marine family’s lawsuit (Jan. 2022)

3. EXCLUSIVE: Alec Baldwin gave fallen Marine widow donation from his tax-free foundation, not GoFundMe (Jan. 2022)

4. EXCLUSIVE: Alec Baldwin, You’ve been served (Feb. 2022)

5. Alec Baldwin goes to battle against fallen Marine family in Wyoming court (March 2022)

6. EXCLUSIVE: Alec Baldwin blasted in court by fallen Marine family for his 'sense of entitlement' from wealth and fame (April 2022)

7. Alec Baldwin PR stunt: Podcast to 'honor' military on court deadline for lawsuit by fallen Marine family (April 2022)

8. Alec Baldwin files to dismiss $25 million lawsuit by fallen Marine family (April 2022)

9. EXCLUSIVE: Alec Baldwin wins in court; fallen Marine family will refile $25 million lawsuit (May 2022)

10. EXCLUSIVE: Alec Baldwin hit with $25 million suit in New York by fallen Marine family on the anniversary of Kabul attack (Aug. 2022)

11. Alec Baldwin's Insurrectionist Jan 6 Defense Beats Gold Star Family in Court (Aug. 2023)

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Baldwin’s Secret Cell Phone Records

As I told you last week, I’ve been trying to get Baldwin’s cell phone records from the day of the “Rust” shooting. After speaking with the Santa Fe Sheriff’s new public affairs officer, she sent me a formal letter….

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Click here to read all my reporting about Alec Baldwin’s criminal and civil cases over the past two years. If Baldwin goes to trial, I may ask free subscribers to convert to paid to cover my travel expenses.

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Recent developments indicate that Baldwin will be facing a jury of his peers in New Mexico for killing his cinematographer Halyna Hutchins on the “Rust” movie set.

Gun safety videos

As I wrote to you a month ago, the special prosecutors were planning to convene a grand jury in Santa Fe on Thursday to get a new indictment against Baldwin for involuntary manslaughter. NBC News reported a judge postponed the grand jury on Wednesday.

The delay may be caused by NBC releasing five new videos from the “Rust’ set showing Baldwin shooting guns. The footage raises questions about Baldwin's awareness of gun safety rules, a crucial factor in the involuntary manslaughter charges he faces.

The videos are among “dozens” that special prosecutors received from the  “Rust” producers in October before they decided to recharge Baldwin.

In the videos above, Baldwin is seen shooting guns with blanks. In one video, he’s lying on the ground and says to someone off-camera (who could be Hutchins):

I’m going to be shooting right. You mind going on the side of the camera? I don't want to shoot towards you.

In another video, a woman off-camera says:

Everyone who doesn't need to be right here, like in the path of the gun, can you please move?

I initially thought someone connected to Special Prosecutors Kari T. Morrissey and Jason J. Lewis leaked the videos. I assumed it was intended to show potential jurors that Baldwin pulled the trigger in multiple scenes on the movie set, despite his insistence he did not when he killed Hutchins.

But now I think the videos came from Baldwin’s PR/legal team who believed showing the actor knew gun safety rules all along would somehow benefit him. Baldwin clearly knew not to point a loaded gun at someone but did it anyway and shot two people.

Armorer witness list

The armorer for the film, Hannah Gutierrez Reed is set to go to trial in February for involuntary manslaughter. She pleaded not guilty.

Reed allegedly loaded the gun but did not hand it to Baldwin and was not on the set when Baldwin shot Hutchins.

Also, Reed attempted and failed to get Baldwin to do more training on the difficult cross-draw maneuver. Her lawyer Jason Bowles declined to comment for this story on the developments in Baldwin’s case. 

The prosecutors’ intent to bring Baldwin to a grand jury can be viewed by the witness list filed for Reed’s trial (attached at bottom.) There are 40 people given, but Baldwin is the only one from the movie who is not listed. That would indicate they expect he will be standing trial himself.

Also, the special prosecutors have recently been subpoenaing documents and videos related to the shooting from the producers. (You can see all their filings here.) All this evidence can be used against Baldwin too. 

My quest for Baldwin’s secret phone records

I have an update on working behind the scenes for over a year to get Baldwin’s cell phone records about the shooting. The Santa Fe sheriff released a summary of the records but not the digital evidence.

The detectives’ report says there were no calls on the day of the shooting (Oct. 21, 2021) even though Baldwin is seen talking on the phone in videos and photos.

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A source close to the former prosecutor recommended I use New Mexico’s Inspection of Public Records Act to get the records from the sheriff’s office. I put in a formal request on April 1 that I wanted…

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Alec Baldwin did not, after all, get off scot-free for shooting and killing his cinematographer two years ago this month. 

New Mexico prosecutors emailed media Tuesday they are convening a grand jury to bring involuntary manslaughter charges— again— against Baldwin.  The actor and producer of “Rust” was charged in January, but he got off by claiming the gun’s trigger malfunctioned.

Baldwin to court

The email that I got from Special Prosecutors Kari T. Morrissey and Jason J. Lewis is at the bottom of this newsletter.

They said in part that “additional facts have come to light that we believe show Mr. Baldwin has criminal culpability in the death of Halyna Hutchins and the shooting of Joel Souza.”

Baldwin left Hutchins and Souza bleeding out on the floor of the movie set while he smoked and made calls outside.

The special prosecutors wrote that the “appropriate course of action is to permit a panel of New Mexico citizens to determine from here whether Mr. Baldwin should be held over for criminal trial.”

Trigger intact

One of the "new facts” that has “come to light” is the trigger worked just fine.

“The forensic testing of the gun concluded with certainty that the trigger of the gun had to have been pulled for the gun to go off,” Morrissey told The New York Times in an interview.  

Morrissey said the grand jury, which will get the case on Nov. 16, should make the decision “about the level of culpability of the person holding the gun in their hand.”

Ahem:

Baldwin told the sheriff and several media outlets after the shooting that he did not pull the trigger during a rehearsal. 

The sheriff later released a video that showed Baldwin with his finger on the trigger (that’s the screen cap above) and practicing the same cross-draw maneuver with the Colt .45 revolver.  An FBI forensics analysis and a second scientific study of the gun by the current special prosecutors proved that it functioned normally.

Criminal charges redux

Before today’s announcement, Baldwin’s lawyers were in discussions about a plea deal for a petty misdemeanor, according to NBC News. The deal was rescinded over the weekend. That’s no surprise because Baldwin has refused to admit blame publicly in his civil settlements.

(Don’t forget— The $25 million defamation lawsuit against Baldwin by the Gold Star fallen Marine family is not resolved or settled. More here on that case. Baldwin’s lawyer Luke Nikas has not returned my emails about the status of it.)

Lukas also did not respond to my email today about Baldwin being recharged but told the NYT: “It is unfortunate that a terrible tragedy has been turned into this misguided prosecution. We will answer any charges in court.”

The other “new fact” the prosecutor’s reference is likely internal documents a judge made the “Rust” production turnover about Baldwin’s role as a producer cutting corners to save money.  NBC reported the evidence “connects Baldwin to recklessness around safety standards on the set.”  

High and dry

Baldwin has said publicly he knows and follows the three gun safety rules. Yet, he admitted pointing the gun at Hutchins and not checking if it was loaded with real ammunition. This was the only time that day that Baldwin did not ask the armorer, Hannah Gutierrez-Reed, to show him the ammo directly.

Reed was charged with two counts of involuntary manslaughter for allegedly loading the “live” rounds into the revolver. Her lawyer Jason Bowles told me Tuesday that he will not be commenting now on Baldwin getting recharged.

Reed didn’t even give the gun to Baldwin. David Halls, the assistant director, took the gun from the cart outside the set and gave it to the actor on set. Halls pled guilty to firearms charges and will have to testify against Baldwin and Reed at any trial.  

Gun safety

Baldwin told the sheriff’s detectives that he did training with Reed on the set before rehearsals started. However, prosecutors said that’s false.

They wrote to the court that Baldwin “failed to appear for mandatory firearms training and firearms safety training prior to filming.” The prosecution also alleges that Baldwin asked for only a 30-minute training session on set which “does not compost to industry standards, safety standards and safety protocols.”

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One system of justice

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