Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #7

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DEFENSE WITNESS 3: Scott Elliott, Criminal Investigations Expert
Bowles questions SE on quality of investigation of sheriff deputies on scene: “Their response probably not what it should be.”
SE: Witnesses should have been segregated so they don’t talk amongst themselves



SE: It was confusing when live rounds came on set and who brought them. SE says that “wasn’t followed up strongly.”


SE on prop truck search - there were firearms moved between shooting and arrival of law enforcement to prop truck. SE on search warrant on Seth Kenney’s shop - “a delay of a few day could be an issue.”


SE: Seth Kenney’s phone was never fully extracted. Contact with Sarah Zachry after shooting warranted that.


JB: Concerns about obtaining Baldwin’s phone earlier on?
SE: Every deputy should have known that since he was identified as the shooter. (Baldwin's phone wasn't extracted until after he returned to New York).


SE: Everyone was allowed to walk around and be on their phones except HGR.


CROSS: Morrissey KM: You work for Bowles and HGR and they are paying you?
SE: That’s correct.


KM: Projectile couldn’t be matched because “it went through two human beings” - not enough markings left behind.
SE: True


Court on lunch break until 1:30.


@DanaGriffinNBC
 

DAILY TRIAL UPDATES​

DAY 8 – 3/4/24​

  • Prosecutors rested their case-in-chief after calling a forensic video and image analyst who showed the jury closeups of ammunition captured in video and pictures taken before the fatal shooting that claimed the life of Rust cinematographer Halyna Hutchins and wounded Director Joel Souza.
  • Screen shots captured from videos of Alec Baldwin wearing a bandolier show the visual differences in a live round compared to the dummy rounds contained in the gun belt. Prosecutors contend that should have tipped off Hanna Gutierrez who was the armorer on the set of Rust, had she performed safety protocols to ensure the ammunition being used in Baldwin’s pistol and gun belt were dummies.
  • WATCH: Forensics Analyst Michael Primeau Takes the Stand
  • Among the witnesses prosecutors called to the stand Monday was Seth Kenney, owner of PDQ – the props business that supplied Rust with ammunition and firearms.
  • Kenney denied he was the source of live rounds found on the set of Rust. Kenney testified that Hannah Gutierrez furnished her own dummy rounds left over from her previous movie “The Old Way.’
    • WATCH: Seth Kenney Says He Never Provided Live Ammunition to ‘Rust’ Set
    • He conceded that he had been working with Gutierrez’ father on the series 1883, and as part of the training, they used live rounds in training the actors at a private gun range. He said he brought the left-over live ammo back to PDQ but denied he had ever sent them to the set of Rust.
  • Crime Scene Investigator Marissa Poppell testified that as part of a search warrant, she seized 45 caliber live ammunition from PDQ, but the ammo did not match the live rounds found on the set of Rust. Furthermore, an FBI chemist testified that PDQ’s live rounds were not of the same chemical composition as the live rounds from Rust.
  • Crew members called by the State testified that Gutierrez’ work on Rust was lacking when compared to other armorers they worked with. They testified that firearms and ammunition were frequently left unattended, that she did not perform safety checks before turning over weapons to actors and did not immediately remove the firearms from actors at the completion of a scene. Witnesses also testified that they did not see Gutierrez shake every dummy round before loading them.
  • Codefendant David Halls testified contrary to Gutierrez’ statement, he did not hand the gun to Baldwin before the fatal shooting. He said that just before Baldwin handled the gun, he was supposed to check the revolver and its ammunition but admitted that Gutierrez did not fully rotate the cylinder, so he could see every round to ensure that they were all dummies. Despite the incomplete view he let the safety check pass. Halls pleaded no contest to the negligent use of a firearm and was given a suspended sentence and six months of unsupervised probation.
  • Gutierrez through her defense attorney Jason Bowles has argued that Alec Baldwin is ultimately to blame for Hutchins’ death. Bowles said the film’s demanding shooting schedule and tight budget prevented his client from carrying out her duties. Bowles maintains she was denied extra time to adequately train Baldwin. Gutierrez was required to serve a dual role as armorer and props assistant and claimed that she was rushed and spread too thin. Her defense has argued that Baldwin’s commanding presence as both movie star and producer discouraged even senior crew members from challenging him.
  • WATCH: Baldwin Movie Shooting Trial: Day 8 Recap
  • READ MORE: Ammo supplier says he provided no live rounds in fatal ‘Rust’ shooting
www.courttv.com

NM v. Hannah Gutierrez: Baldwin Movie Shooting Trial

A jury deliberated for less than three hours before returning a verdict in the case against Hannah Gutierrez, the armorer on 'Rust.'
www.courttv.com www.courttv.com
 
Weki said:
Only 100k fine? What a joke!

I have a conflict of interest because I support OSHA saying it’s ultimately management’s responsibility. But I also feel like HGR was careless and should’ve checked, double checked and triple checked each gun every time before handing it to anybody. It just feels like she was arrogant and not that she was overwhelmed and stymied by management. JMO
Click to expand...
I agree it could have been prevented if management insisted on following established safety protocol and should be held responsible - in a civil trial or settlement. That does not negate HGR’s criminal responsibility here. One of the NM OSHA even said this - they look at violations of OSHA guidelines NOT criminal law.

HGR’s logic that management didn’t make her do her job properly so she should not be convicted of manslaughter to me is about the same as the guy who has had multiple DWI’s and still not in prison causing a fatal accident and expecting not to face manslaughter charges because the state should not have released him after the last DWI.
 
I have to wonder if the presence of Thell Reed is affecting any of the testimony— especially those in the film industry. Just wondering if some witnesses might be concerned about professional retaliation. Just a thought, IMO.
 
Everyone back in court except jury. Unknown witness has been sworn in.He’ll be used as a defense expert for his firearm and ammunition background.


Prosecutor and Bowles doing a voir dire examination of the witness. Court will decide if he's qualified to testify. We can barely hear what is being asked.


KM: "I ask the questions and you answer them." Everyone in court is now quiet, trying to listen in.


Judge: You’re holding up jurors. What is he going to testify about? Can't make out argument but appears Morrissey is referencing dummy rounds. Judge just told witness: "Be quiet.”


Witness holds up clear plastic bag with what appears to be rounds. Witness tucks them back into his bag and hands it to court officer. Potential witness leaves stand as counsel speaks with judge.


Scott Elliott is now back on the stand as we wait for jury.


@DanaGriffinNBC
 
Regarding the PI testimony…It seems he wasn’t hired to find out anything about what actually happened but only to critique the things LE did. His testimony would have gone faster if they just asked whether there was anything LE did that he did approve of and I think his answer would have been no. I’m not saying LE didn’t make some mistakes but this guy doesn’t seem to think they did anything right.
 
Defense PI investigator, Scott Elliott, was a pointless witness. I’m not sure what defense thinks they got out of that testimony that helps them. But I guess defense always has an impulse to bring out testimony criticizing LE/the investigation. And that’s fine but in this case the issue is whether HGR is criminally culpable for putting the live bullet in the gun and not properly & adequately checking it before handing it to AB. It’s a simple issue. JMO
 
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Just now watching the after lunch testimony. I noticed there are a lot of people in the gallery behind the defense. I watch on CourtTV YouTube and can't see the other side of the gallery.
 
Marantz4250b said:
I don't think that that is a likely scenario, tbh. Replacing dummies with live rounds is an insanely dangerous thing to do and I can't imagine that anyone would risk killing someone in order to show someone up.
Click to expand...

I wouldn't imagine if anyone maliciously set up HGR they imagined anyone would get harmed, so much as a live round would propel and hit a wall or some rigging or something - simply because through the course of this case, I've learned that an actor should never be pointing even a blank or dummy round towards another person including the camera person. I assume that HH, thinking the gun was empty of any rounds whatever, asked AB to 'shoot' as if towards her shoulder and he took that direction because he also believed there were no rounds.

I don't know why anyone thinks HGR couldn't have been set up as I strongly suspect she could have been, again, not with the intent of murder but the intent to show she wasn't checking and to get her out of her job, discredited. One live round firing off and hitting a part of the scenery or a wall would be enough to scare the life out of everyone and finish her 'career' forever surely?
 
arielilane said:
Everyone back in court except jury. Unknown witness has been sworn in.He’ll be used as a defense expert for his firearm and ammunition background.


Prosecutor and Bowles doing a voir dire examination of the witness. Court will decide if he's qualified to testify. We can barely hear what is being asked.


KM: "I ask the questions and you answer them." Everyone in court is now quiet, trying to listen in.


Judge: You’re holding up jurors. What is he going to testify about? Can't make out argument but appears Morrissey is referencing dummy rounds. Judge just told witness: "Be quiet.”


Witness holds up clear plastic bag with what appears to be rounds. Witness tucks them back into his bag and hands it to court officer. Potential witness leaves stand as counsel speaks with judge.


Scott Elliott is now back on the stand as we wait for jury.


@DanaGriffinNBC
Click to expand...
Scott Elliott is now back on the stand as we wait for jury.


KM: So any potential issues to that concern of yours, didn’t turn out to be an issue - this was the gun that fired the projectile
SE: Correct, yes.



KM: Police officer’s first responsibility is to save lives, not collect evidence
SE agrees
KM: HGR was checked by EMTs
SE: Yes, I did dee that
KM: And she was allowed to make phone calls?
SE: Yes, she was


KM: HGR sitting in patrol vehicle with door open, had phone, never placed in handcuffs?
SE agrees
KM: How was she mistreated by police?
SE: didn’t say she was mistreated - gives the impression that she was in custody when you’re not free from constant observation by LE.


KM on SE's statement of person leaving scene. Didn’t you interview Reed Russell - he went to hospital to be with his friends. He gave all his info to LE.
Who’s the mystery man who left set.?
He was identified right?
SE: Didn’t know he was the only one who left.



DEFENSE WITNESS 4: Frank Koucky III, Blair Financial Group (Period firearms expert)
Bowles questions JB: What’s your experience with period firearms?
FK gives long-winded response to his firearm experience since birth
Bowles stops him - “that’s a lot of information.”


Bowles asks FK to retrieve firearm behind him
Judge stops FK and warns he needs to check the weapon to make sure it’s clear
He points barrel toward judge while trying to check (courtroom gasps).


JB: want to make sure that Denix is the replica - to be clear, it cannot fire?
FK: correct
JB: The Pieta - take the cylinder out so we can show everyone it is cleared
FK turns around, points gun toward air, pushes out cylinder and shows it to court.


*Pietta


FK walks over to jury to show Denix (replica gun) and then shows the the Pietta revolver to jury.



JB asks FK to show on Denix how to properly *advertiser censored* and decock a replica weapon
FK: No one touches the trigger - this is now a gun ready to be fired
FK then demonstrates how to decock
Does same with Pietta revolver "Finger must stay off trigger guard.”


FK now describing how to turn dummy into live ammo.


JB: Can you tell a live round from dummy by looking at picture?
FK: No
FK says he saw equipment from evidence images inside Seth Kenney’s shop that could be used in one of the steps of converting dummy into live round.


FK: If live round somehow found its way into look-alike dummy rounds – could have a person killed. Both sides are bad. FK agrees it’s important to have inventory system of rounds


FK: 2021 - there was a “great ammo shortage” - couldn’t get primers to reload - even 9mm ammo - store shelves were emptied out.


JB: Did you review evidence of Baldwin being dangerous not only at the time of shooting but other…Prosecution objects - sidebar


JB: Did you see evidence that Mr. Baldwin was not safe with firearms when he shot a blank after “cut” was yelled during scene?

FK: That was unsafe


CROSS: Morrissey
KM: While sitting in the courtroom you pointed gun at judge
FK: I did not - never directly at the judge
KM: When you pulled gun out, pointed in direction of judge, court officer had to intervene and point weapon down…
Defense objects - sidebar


Court adjourns for the day.
Judge: expect closing arguments tomorrow morning after defense finishes case.



Prosecution: believes there will be issue with "approximate cause instruction" - without it, it will create confusion to jury
Judge: let’s handle that now



Prosecution concerned about "bracketed language" - there may be more than one significant cause of death. Prosecution agrees: Baldwin pulled back hammer and trigger - another significant cause of death.


Prosecution: Defense could argue that HGR is not responsible, Baldwin is responsible
Defense: We’re in agreement with giving both of those - language in jury instructions.


We're back at 8:30a


@DanaGriffinNBC
 
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