Witness testimony heard in the Alec Baldwin 'Rust' shooting trial

In addition to “Rust,” Alec Baldwin has a number of projects in various stages of production.

The actor is working with filmmaker Rory Kennedy on a documentary surrounding the fatal shooting on the set of “Rust.”

Kennedy began making her documentary over a year after the shooting, and Baldwin has already sat down for multiple interviews with the filmmaker.

The actor also recently announced he is set to star in a TLC reality show with his wife, Hilaria Baldwin, and their seven kids. The show, tentatively called “The Baldwins,” is set to premiere on TLC in 2025.

“We’re inviting you into our home to experience the ups and downs; the good, the bad, the wild and the crazy,” Baldwin said in an Instagram video announcing the show.

“Home is the place we love to be most. We are the Baldwins, and we’re going to TLC! God help you all.”

The couple, who recently celebrated their 12th wedding anniversary, have seven kids: Carmen, María, Ilaria, Rafael, Leonardo, Romeo and Eduardo. Baldwin also has daughter Ireland from his previous marriage with actress Kim Basinger.

Fox News Digital's Lori A. Bashian contributed to this report.

Alec Baldwin appeared in court Wednesday, July 10, for opening statements and the first few witnesses to testify in his involuntary manslaughter trial.

The "Rust" star faces one count of involuntary manslaughter. If convicted, Judge Mary Marlowe Sommer could sentence the 66-year-old actor to prison for up to 18 months.

Baldwin's legal team fought to have the charge dismissed before the July 9 start date, but Sommer denied all three motions to dismiss the case.

Alex Spiro and Luke Nikas gave a handful of legal reasons why the case should be dropped, including a prejudiced grand jury, failure to allege a criminal offense and destruction of evidence. However, Sommer rejected each argument in a series of hearings.

Read more about the timeline of the fatal shooting aftermath that landed Baldwin in court.

Alex Spiro, Alex Baldwin's legal counsel, questioned second witness Timoteo Benavidez about the revolver used in the fatal shooting of cinematographer Halyna Hutchins.

Benavidez, a retired lieutenant with the Santa Fe Sheriff's Office, maintained on the stand that he kept the revolver on the passenger seat of his vehicle following the incident.

"I can see you're wearing gloves as you're taking out the exhibit today," Spiro said. "You've got purple gloves on."

He continued, "The reason I'm asking this is, and I don't think you talked about this in direct, but the day you took the gun, you weren't wearing gloves, right?"

"That is correct," Benavidez said.

"But you were sort of careful when you took it and you sort of ... you took it but without touching the trigger," Spiro said. "So somebody wanted to swab the trigger for DNA."

"The way I handled it was trying to be as safe as possible because I didn't have a holster for it," Benavidez said. "So I was trying to hold it so I don't ... I didn't pull the trigger because I didn't know if it was empty or or loaded or not."

Alec Baldwin's wife, Hilaria Baldwin, appeared to make a subtle movement Wednesday for her husband to focus on his involuntary manslaughter trial.

Hilaria, 40, clasped her hands over a bench in the New Mexico courtroom as Alec, 66, turned around for a quick glance during a break in the "Rust" testimony.

The yoga enthusiast then wiggled her fingers indicating Alec needed to turn back around and focus on his trial.

Alec and Hilaria recently celebrated their 12th wedding anniversary. The couple has seven children together.

Earlier this month, Baldwin announced his family was diving into the reality realm with their own TLC show premiering in 2025, tentatively coined, "The Baldwins." 

Alec Baldwin, along with the cast and crew of “Rust,” eventually completed filming the movie in May 2023. Production on the Western set was initially halted after the fatal shooting of cinematographer Halyna Hutchins.

The team picked up filming again in April 2023 – with Hutchins’ husband, Matthew Hutchins, serving as the movie’s executive producer.

The post-production process of “Rust” has since been completed, according to IMDB. However, a release date has not been revealed. The Western was expected to hit theaters sometime in 2024 or later.

Baldwin starred in the film as main character Harland Rust. The actor’s character goes on the run with his grandson after the 13-year-old boy accidentally kills a rancher.

The actor helped director Joel Souza come up with the concept of the film, according to The Hollywood Reporter.

“I was just looking for something a little more cinematic with a little less talking,” he told the outlet. “There’s great dialogue, but the film is balanced by some really stunning cinematics.”

Alec Baldwin gathered two of the top lawyers when it comes to representing celebrities to work on his defense team and fight the involuntary manslaughter charges waged against the "Rust" actor.

One of his lawyers, Alex Spiro, made a name for himself representing high-profile clients. Most notably, he represented Elon Musk during his acquisition of Twitter, now known as X, and also Megan thee Stallion, after she was shot in the foot in 2020.

Spiro graduated from Harvard Law School in 2008, and after initially working as a prosecutor, switched to a defense attorney practice a few years later.

Baldwin’s other lawyer, Luke Nikas, is also a Harvard Law graduate, and has a reputation for being "a leading commercial litigator with extensive experience representing clients in complex disputes,” as described by law.com.

Nikas was listed in Lawdragon's 2018 index of the 500 Leading Lawyers in America, Benchmark Litigation's "Under 40 Hot List," and the New York Super Lawyers list.

He is best known for prosecuting and defending fraud, contract, negligence, and racketeering cases, revolving around forgery, and has recovered many stolen pieces of art, including some pieces by Picasso and Andy Warhol.

Fox News Digital's Lori A. Bashian contributed to this report.

Alec Baldwin's lawyer cross-examined Nicholas LeFleur about Alec Baldwin's state of being after the shooting on Oct. 21, 2021.

"When you got to the scene Mr. Baldwin walked up to you and said, 'I was holding the gun,'" Alex Spiro asked. "He blurted it out, right?"

"Yes," LeFleur said.

"And in fact, he was very shocked," Spiro continued. "If you could picture Alec Baldwin in a pale state, you know, very unsure of himself, you could see an actor out of character there?"

Spiro went on to ask the responding officer if he thought Baldwin showed signs of intention that day.

"That you took it as a way how everybody was acting and the individual who claimed to have been holding the firearm was still there, that ... the way he was, his demeanor, was that there wasn't any intention behind the act, as you could say. Isn't that true?" the attorney asked.

"I wouldn't say there was no intention," LeFleur explained. "I don't know the individual's intentions, but his demeanor was sad. Upset."

Officers wanted Alec Baldwin to be kept separate from other crew in the immediate aftermath of the fatal "Rust" shooting.

However, Baldwin and other witnesses could be seen speaking to each other about the incident on Officer Nicholas LeFleur's bodycam footage. The Santa Fe County Sheriff asked the actor questions about the shooting while he was sitting outside the perimeter of crime scene tape.

While Baldwin was being interviewed, assistant director Dave Halls approached and told officers that six or seven crew members were inside the church during the fatal shooting.

Three other crew members could be seen talking with Baldwin after the officer told them not to talk about the incident.

At one point, Baldwin smoked a cigarette.

A small demonstration began outside of the Santa Fe, New Mexico courthouse amid the first full day of Alec Baldwin's involuntary manslaughter trial.

The group was chanting, "Justice for Halyna."

Halyna Hutchins died Oct. 21, 2021 on the set of "Rust" after a gun Baldwin was holding fired. The cinematographer was guiding Baldwin while they practiced a close-up shot of the actor cross-drawing his revolver.

The scene was off-script.

Baldwin was charged with involuntary manslaughter in connection to the fatal shooting on Jan. 19, over two years after the on-set tragedy.

Special prosecutor Kari Morrissey called the state's first witness after a short bathroom break.

Nicholas Lefleur, a former Santa Fe County Sheriff, took the stand first. He formerly worked with the Santa Fe County Sheriff's Department.

LeFleur was the closest officer to the scene at the time of the fatal shooting on Oct. 21, 2021. He told the jury he arrived at the scene first.

"Priority of life," was the sheriff's main concern when arriving on the film set.

"Make sure whoever needs help gets help, and that the threat is stopped," LeFleur added.

The prosecution then began playing footage from the police officer's body camera, having him walk them through the frantic scene after the shooting. In the video, LeFleur can be heard giving instructions as he attempts to give life-saving measures to Halyna Hutchins.

"Deep breaths. Deep breaths, Halyna," someone can be heard saying.

The injured cinematographer was moved from the church into the back of an ambulance as they waited on a helicopter to arrive.

Alec Baldwin is on trial for involuntary manslaughter for the fatal shooting on the set of “Rust."

There are no clear-cut set of regulations for the handling and use of firearms broadly established across the film industry. While the US Federal Workplace Safety Agency does not regulate the use of guns for safe handling on set, according to the Associated Press, there are suggested rules set by the Industry Wide Labor-Management Safety Committee.

These guidelines include:

Don’t point a firearm at anyone. Any object that has a gun pointed at it could be killed.

Unless you are prepared to shoot, do not place your finger on the trigger.

Know what you want to aim at and where your intended target is located.

Never discharge a gun if the barrel is clogged.

Do not “engage in horseplay” that involves a firearm.

Until the gun is ready to be used in a scene, it should have all safety devices intact.

Never allow a firearm to be unattended. 

No one should be coaxed or required to handle a firearm with coercion.

Jamming of firearms or malfunctions must be reported immediately.

Personal Protective Equipment (PPE) must be issued and utilized by all near the line of fire. 

The above, among others, are guidelines offered to avoid unnecessary tragedies on set.

Alec Baldwin's lawyer emphasized the fatal "Rust" shooting was not "foreseeable" as opening statements continued.

Alex Spiro explained that Baldwin did not know a live bullet even existed on the Western film set in Oct. 2021.

"No one had any idea that it was on that set or in that gun in that world," he explained. "They were all in it together."

Spiro focused on a few questions that remain unanswered, "Why there was a live bullet on set, why the armorer placed it in the gun, and of course, why the head of safety failed to detect it."

"None of it speaks to whether Alec knew or should have known those things. He didn't. No one on that set did," Spiro added. "It was not foreseeable."

Alec Baldwin's lawyer played the 911 call that was made on the set of "Rust" during his opening statements.

Alex Spiro explained the actor's reaction immediately after the gun went off to the jury. "He immediately says, I didn't I didn't mean to shoot. I didn't pull trigger. Immediately."

"Shock turns to panic," he added. "911 is called."

The audio of the call was then played.

"Out at Bonanza Creek Ranch right now, we've had two people shot on a movie set accidentally," the caller told the operator. "You said someone was shot?" the operator asked.

"Two people accidentally, with gunshots ... on movie set at Bonanza Creek Creek Ranch," the caller repeated.

When connected with medical, the caller repeated: "Bonanza Creek Ranch has two people accidentally shot on a movie set by a prop gun. We need help immediately."

The caller then went on to blame the assistant director to someone else on set. The script supervisor can be heard saying, "That f---ing AD that yelled at me at lunch because something about revisions, this motherf---er." She later adds, "He's responsible."

Alec Baldwin's lawyer Alex Spiro began the defense's opening statements around 9:30 am local time.

"This was an unspeakable tragedy," Spiro told the jury. "But Alec Baldwin committed no crime. He was an actor. Actor playing the role of Harlan Rust. An actor playing a character can act in ways that are lethal, that just aren't lethal on a movie set. These cardinal rules, they're not cardinal rules on a movie set."

Spiro emphasized that Baldwin's role on the "Rust" movie set was not to ensure safety.

"Those people failed in their duties, but Alec Baldwin committed no crime," he claimed.

Special prosecutor Erlinda Johnson revealed witnesses claimed Alec Baldwin put his finger "on or around" the trigger of the F.LLI Pietta Long Colt 45 Revolver he was holding before the fatal shooting on the set of "Rust."

"The defendant takes [the gun] out quickly the first time pointed -- and you will hear witness testimony who will tell you the first time he does it his finger is on or around the trigger," Johnson told the jury. "He does it again. Takes it out very fast, points it, and once again you will hear testimony that his finger was on or around the trigger. And the evidence will show that that third and fatal time, he takes it out once again, fast, cocks the hammer, pointed straight at Mrs. Hutchins and fires that gun."

However, Baldwin has maintained that he did not pull the trigger of the gun on Oct. 21, 2021.

"I didn’t pull the trigger,” the actor told George Stephanopoulos in Dec. 2021. “I would never point a gun at anyone and pull the trigger at them. Never."

Special prosecutor Erlinda Johnson began the opening statements in Alec Baldwin's involuntary manslaughter trial at 9:14 am local time.

"It's simple, straightforward," she told the jury of the case. "The evidence will show that someone who played make believe with a real gun and violated the cardinal rules of firearm safety is the defendant, Alexander Baldwin."

The trial began July 9 with jury selection following years of back-and-forth between the prosecution and Baldwin's legal team. The prosecution has largely accused Baldwin of being "reckless" on the Western film set in the days leading up to cinematographer Halyna Hutchins' death.

Meanwhile, Baldwin's lawyers accused Morrissey of only charging the actor to "humble" him because "she finds him ’arrogant' and wants to give him a ‘teachable moment,'" in court documents previously obtained by Fox News Digital.

Judge Mary Marlowe Sommer began the court day by giving the jury instructions in the case.

The judge emphasized that Alec Baldwin's trial is a public proceeding and there may be distractions.

"This is a public proceeding, so people may go in and out," Sommer said. "You may find yourself looking at who goes in and out, but after a while, you'll get used to it. But if there is anything that is distracting you from being able to listen and be involved in this case, please tell [the bailiff] immediately. He'll let me know and I'll do my best to get rid of the distraction."

Jurors are allowed to ask questions, but they have to be written and presented to the judge. Judge Sommer will then decide if the question should be asked to the prosecutors or Alec Baldwin's defense team.

The panel of jurors were told they are not allowed to discuss the case until they are a jury that is deliberating.

Alec Baldwin's wife Hilaria was seated next to his brother Stephen Baldwin for the first day of the involuntary manslaughter trial.

The two could be seen sitting side-by-side behind the actor.

Stephen wore an earpiece while sitting in the courtroom, although it's not clear what it is for.

Both Hilaria and Stephen attended the jury selection, which took place Tuesday.

The opening statements in Alec Baldwin's trial were slightly delayed due to Wi-Fi issues in the courthouse, Fox News Digital can confirm. Baldwin sat in the courtroom with his attorneys. They could be seen whispering as they waited for the jury to be brought in.

The courtroom is packed with all benches for the public full and all benches for media and attorney also full.

Baldwin's legal team and the prosecution will both give opening statements. Afterwards, the prosecution will begin arguments, which are expected to last for multiple days.

Baldwin was holding a gun on the set of "Rust" in Oct. 2021 when it discharged, killing cinematographer Halyna Hutchins.

Gloria Allred, the attorney for Halyna Hutchins' family, arrived to the courthouse after Alec Baldwin.

Allred held a mini press conference in which she emphasized that the late cinematographer was "killed by the gun that Alec Baldwin was holding."

"We would like truth. We would like justice," she added.

Allred plans to attend the majority of the actor's trial as Hutchins' family is based in the Ukraine. The lawyer also slammed Baldwin's upcoming reality TV show.

"He has apparently signed up for a reality show," Allred said during the press conference. "This is not a reality show. This is a trial for involuntary manslaughter of a young, talented cinematographer."

She added: "I don't care what his plans are. Except if he uses this trial or his children as part of a reality show, I think it's sick."

Alec Baldwin arrived Wednesday morning around 8 am local time for the first full day of his involuntary manslaughter trial.

"Mr. Baldwin, are you feeling confident in your arguments today?" a member of the media asked as he walked into the Santa Fe courthouse.

The actor remained silent as he passed the cameras and made his way into the courthouse. His wife Hilaria arrived with his lawyer, Alex Spiro.

A jury panel of 16, including four alternates was chosen yesterday after a two-hour delay in the morning. Baldwin did attend the jury selection as did his brother, actor Stephen Baldwin.

The prosecution and Baldwin's legal team questioned the potential juror pool of 70 about how much press coverage of the case they had consumed, their views on gun regulation and if they were connected to the film industry.

Baldwin's trial will begin Wednesday with opening statements and is expected to last until July 19.

“Rust” armorer Hannah Gutierrez Reed was convicted of involuntary manslaughter in March. The armorer's trial, which began Feb. 21, saw testimony from weapons experts, FBI and Santa Fe County authorities and crew members who witnessed the fatal shooting.

The prosecution largely focused on Gutierrez Reed's behavior as an armorer, saying she didn't do her job correctly.

"Interestingly, it was Gutierrez Reed who presented the most evidence as to Baldwin’s culpability," Kate Mangels, partner at Kinsella Holley Iser Kump Steinsapir LLP, told Fox News Digital. "Her attorneys presented Baldwin as failing in his role as part of the ‘Rust’ production team and as an actor."

"This strategy could be used by the prosecution in Baldwin’s case to increase the chances that a jury finds him culpable in one of those roles. The prosecution's case against Baldwin will depend largely on whether the crew witnesses who testified against Gutierrez Reed testify similarly against Baldwin."

Jury selection in a high-profile case like Alec Baldwin’s trial for the involuntary manslaughter charge of Halyna Hutchins was complex because of all the considerations the jurors will need to make.

After nearly three years since the tragic shooting of Halyna Hutchins on the set of the film “Rust,” the selected jury will be expected to come to a resolution following a nine-day trial. 

The jury will need to decide whether Baldwin will be put in jail for 18 months or let off. The decision will be dependent on two standards for proving the charge. The first standard is that of negligence while in possession of a firearm and the second is whether Baldwin acted with complete disregard or indifference for the safety of others, which must be proven beyond a reasonable doubt. The prosecution will have the task of proving these elements to the jury.

Hannah Gutierrez Reed , the armor during the time of the fatal shooting, was convicted of involuntary manslaughter. One consideration that the jury in Baldwin’s case must make is whether he bore the same responsibility as the armorer. It is her specified job to ensure the safety of the guns. The jury must consider whether he bore the same level of responsibility since negligence is an attribute of the involuntary manslaughter charge.