Alec Baldwin ‘Rust’ shooting trial day 2 focuses on ammunition evidence

Alec Baldwin on day two of "Rust" trial (Getty Images)

Jurors will learn that Alec Baldwin  urged his wife and kids to visit him in Santa Fe for a "good time," hours after he accidentally shot Halyna Hutchins and Joel Souza on a movie set, according to a ruling Thursday.

Baldwin, 66, hadn’t yet learned that Hutchins was dead, but knew that she and Souza had been taken to a hospital when he called his wife, Hilaria, from a New Mexico sheriff’s office Oct. 21, 2021.

"He’s speaking to his wife, and he has her on FaceTime so we can actually hear her. We can hear her responses. And then he’s speaking to another person," prosecutor Kari Morrissey told the judge during a hearing outside the earshot of jurors. 

Hilaria and their seven kids had previously planned to visit Baldwin one day after the tragic accident.

Read more about Judge Mary Marlowe Sommer's ruling in Alec Baldwin's "Rust" trial.

Fox News Digital's Rebecca Rosenberg contributed to this report.

Corporal Alexandra Hancock (Getty Images)

The jury in Alec Baldwin's involuntary manslaughter trial appeared "attentive" as Corporal Alexandra Hancock took the stand Thursday, July 11.

Several jurors began taking notes and scanning the gallery as special prosecutor Kari Morrissey began questioning the Santa Fe County Sheriff's office representative.

Hancock recalled interviewing Hannah Gutierrez Reed, David Hall and Alec Baldwin on the day of the shooting, the three individuals who were criminally charged in the case.

“Two people had been shot on the set,” Hancock testified from the briefing she received before arriving on scene.

Hancock interviewed Baldwin on Oct. 21 after the fatal shooting. She testified that Baldwin would reach out to her via cellphone following the initial interview.

While interviewing Gutierrez Reed, Hancock said that Hannah admitted she loaded the weapon with ammunition she had provided.

"As you sit here today, do you have any question as to who provided live ammunition on to the set of Rust?" Morrissey asked Hancock, to which she responded, "No," before responding once again that it was "Hannah" who provided the ammunition.

Baldwin faces up to 18 months in prison if convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins.

Fox News Digital's Rebecca Rosenberg contributed to this report.

Alec Baldwin faces up to 18 months in prison on an involuntary manslaughter charge in the fatal shooting of cinematographer Halyna Hutchins on set of "Rust" in October 2021.

In the state of New Mexico, manslaughter is defined as the "unlawful killing of a human being without malice.”

“Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion,” according to the state legislature.

“Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act that might produce death in an unlawful manner or without due caution and circumspection.”

The legislature states that whoever commits involuntary manslaughter is “guilty of a fourth degree felony for involuntary manslaughter.”

If a person is convicted of a fourth degree felony, sentencing can range between 18 months imprisonment or three years imprisonment.

The court may also impose a five thousand dollars ($5,000) fine for a fourth degree involuntary manslaughter charge.

Alec Baldwin abruptly left the courtroom during a special motions hearing in his involuntary manslaughter trial.

The "Rust" actor seemed to surprise his lawyer when he stood up and left the Santa Fe District court room as the prosecution argued to admit more evidence before trial resumed Thursday, July 11.

Baldwin, 66, returned to his trial while carrying a cup of coffee in one hand.

State prosecutor Kari Morrissey had successfully argued to admit another statement into evidence where Baldwin acknowledged the danger of ammunition when he stated that "blanks can kill." 

Fox News Digital's Rebecca Rosenberg contributed to this report.

Kari Morrissey (Getty Images)

A friend of Hannah Gutierrez Reed's father, longtime Hollywood armorer Thell Reed, allegedly handed over a box of ammunition from the "Rust" set.

"A good Samaritan walked into the police station and gave you the lethal ammunition, didn't they?" Spiro asked crime scene technician Marissa Poppell.

After the Hannah Gutierrez trial, there was an individual that came to the police station and stated they had ammunition, and they turned in the ammunition," Poppell said.

"And they told you, that this was the ammunition that ended up with Seth Kenney that killed Miss Hutchins. Right?" Spiro said, to which Poppell responded, "I do not recall all of their statements." 

Kenney worked as the main prop distributor for the Western film back in 2021. His company, PDQ Prop, supplied blank and dummy ammo to the "Rust" set.

While the investigation found live rounds at PDQ prop, the prosecution previously claimed the rounds did not match the live round fired on set on Oct. 21, 2021. According to prosecutors during Gutierrez Reed's trial, the live rounds on the "Rust" set were seen in photographs taken on Oct. 10 — two days before Kenney's dummy rounds arrived.

During redirect, Morrissey brought it to the court's attention that the "good Samaritan" was in fact a friend of the family.

"Are you aware that Troy Teske is a close friend of Hannah Gutierrez, Reed's father?" Morrissey asked, to which Poppell said she did "not know that."

"Are you aware that Troy Teske had his own motivations for wanting to place blame on Seth Kenney to help Hannah Gutierrez?" Morrissey questioned Poppell.

Morrissey continued, "Is Mr. Baldwin charged with involuntary manslaughter for loading a live round into the gun?"

"No," Poppell said.

"Has a person already been tried and convicted for those things?" Morrissey asked.

"Yes," Poppell said.

Spiro got one final question in and asked Poppell, "The good Samaritan asked you in reference to the ammunition he provided, question, 'And that's the one that killed Halyna?' And you said 'yes.'"

"I don't recall that," Poppell said. Spiro asked, "Do you deny that?"

"I don't deny that." 

Kari Morrissey (Getty Images)

State prosecutor Kari Morrissey successfully argued to admit another Alec Baldwin statement into evidence in a motions hearing Thursday, July 11, during his "Rust" involuntary manslaughter trial.

A portion of transcripts showed Baldwin, 66, acknowledging the danger of ammunition when he stated that "blanks can kill." 

"Mr. Baldwin even indicated he knew that it could kill someone," Morrissey argued to the court.

Kari Morrissey, Erlinda Johnson (Getty Images)

Alec Baldwin is facing two special prosecutors in the “Rust” involuntary manslaughter trial.

Special prosecutor Kari Morrissey has worked in law for nearly two decades and is one of the top attorneys in Albuquerque.

She typically focuses on criminal defense and criminal rights cases. Morrissey graduated from University of New Mexico’s law school.

Morrissey is joined by special prosecutor Erlinda Johnson. She typically works as a criminal defense and personal injury lawyer.

Johnson graduated from University of New Mexico School of Law and began her legal career as an assistant district attorney in Albuquerque.

Johnson is most known for her role defending former New Mexico Secretary of State Dianna Duran in the high-profile corruption case where she was accused of using campaign funds for an alleged gambling addiction.

At the beginning of the “Rust” shooting investigation, First Judicial District Attorney Mary Carmack-Altwies was assigned the case. She brought on Andrea Reeb as a special prosecutor before they both resigned.

Alec Baldwin's lawyers and the prosecution talk to the judge on July 11. (Courtesy: New mexico Courts)

The prosecution and Alec Baldwin's defense stalled the second day of the involuntary manslaughter trial multiple times as they battled over which evidence could be admitted.

At one point Spiro attempted to admit a handful of exhibits, which special prosecutor Kari Morrissey objected to. Morrissey quipped that they should have reviewed the evidence prior to the "Rust" trial.

Later in the day, Baldwin's lawyer wanted to show crime scene technician Marissa Poppell a lapel video. Morrissey objected and they had a side bar with Judge Mary Marlowe Sommer.

The judge ruled that Poppell could view the video since she was there at the time the video was recorded. The crime scene technician agreed to watch the video to refresh her memory during the lunch break.

Alec Baldwin listens in court on July 11. (REUTERS/Ramsay de Give/Pool)

The "Rust" crime scene technician agreed there is "zero evidence" linking actor Alec Baldwin to the live ammunition found on the Western film set after the fatal shooting of cinematographer Halyna Hutchins.

"There is zero evidence in this case that Alec Baldwin brought the live round on the set," Baldwin's attorney Alex Spiro said in court.

"Correct," Marissa Poppell responded.

"There is zero evidence that Alec Baldwin loaded that live round into that gun," Spiro added.

"Correct," the technician testified.

Hutchins died on Oct. 21, 2021 after a gun Baldwin was holding discharged. The actor and Hutchins had been practicing a close up scene where Baldwin cross-drew the revolver.

Seth Kenney seemed to be a key focus of attorney Alex Spiro's cross-examination during the second day of witness testimony in the "Rust" case.

Kenney worked as the main prop distributor for the Western film back in 2021. His company, PDQ Prop, supplied blank and dummy ammo to the "Rust" set.

While the investigation found live rounds at PDQ prop, the prosecution previously claimed the rounds did not match the live round fired on set on Oct. 21, 2021. According to prosecutors during "Rust" armorer Hannah Gutierrez Reed's trial, the live rounds on the "Rust" set were seen in photographs taken on Oct. 10 — two days before Kenney's dummy rounds arrived.

Spiro brought up Kenney's involvement during his questioning of crime scene technician Marissa Poppell at Baldwin's trial, implying that an outsider could have introduced live rounds onto the set.

Alex Spiro questions a witness during Alec Baldwin's "Rust" trial. (Ramsay de Give-Pool/Getty Images)

Attorney Alex Spiro questioned why law enforcement waited a week to search the "Rust" prop truck that housed the blank ammunition and dummy rounds used during filming.

While live ammo was found in different areas of the Western film set, there was no live ammo recovered from the prop truck.

"You're finding these live rounds all over the set, right? Sort of seemed to be a little bit of everywhere without much, cohesion between where you're finding them," Spiro said during the involuntary manslaughter trial. "And they're housed originally in the truck. And so you go a week later to the prop truck, which has all of the ammunition. And there's not a single live round there, right? Why did law enforcement wait a week to go to the prop truck?"

"The search warrant needed to be written," crime scene technician Marissa Poppell explained.

"I'm not sure of why the time difference occurred exactly," she added.

Spiro claimed that a search warrant for the church at Bonanza Creek Ranch, where "Rust" was originally filmed, was written and filed the same day of the shooting. Poppell clarified the search warrant was done the next day, Oct. 22, 2021.

"So if you could do a search warrant in one day, for one thing, why does it take seven days to do a search warrant for something else?" Spiro questioned.

"I do not know the circumstances of why there was that time frame," Poppell testified.

Alec Baldwin in court for 'Rust' involuntary manslaughter trial (Getty Images)

Alec Baldwin’s involuntary manslaughter trial began on July 9 with jury selection. The trial is scheduled to last until July 19.

The prosecution will be given five days to question their witnesses, completing the state’s argument against Baldwin by July 16. Baldwin’s defense was given the following three days to question witnesses.

Closing arguments will begin July 19 as well and the jury will then be dismissed for deliberations.

The prosecution accused Baldwin of placing his finger “on or around” the trigger of the F.LLI Pietta Long Colt 45 Revolver the actor was holding at the time of the shooting. However, Baldwin has maintained he did not pull the trigger.

The 66-year-old actor’s lawyers argued the fatal shooting of cinematographer Halyna Hutchins was “not foreseeable.”

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

Brandon Lee, Halyna Hutchins (Getty Images)

Actor Alec Baldwin is standing trial for the charge of involuntary manslaughter for the death of Halyna Hutchins, who died in October 2021 after being shot with a prop gun.

This case brings to mind another tragic incident that occurred nearly three decades ago: the accidental shooting of Brandon Lee by a prop gun on the set of “The Crow,” by co-star Michael Massee.

The son of martial artist Bruce Lee, Brandon Lee was shot on March 30, 1993 in Wilmington, North Carolina. He died the following day during surgery from the injuries sustained.

Although some of the details are similar to the shooting on the set of “Rust,” the main difference is the bullets in the gun.

While in Baldwin’s case, the gun was loaded with a live round rather than a blank, the weapon that led to the death of Lee was loaded with blanks and no live round. A portion of a dummy round was left in the barrel from a past scene and was projected from the firearm into Lee’s abdomen with the force of a live bullet. 

Following an investigation, no criminal charges were filed. 

The jury is shown a photo of Alec Baldwin's "Rust" gun belt. (Courtesy: New Mexico Courts)

While filming on the set of "Rust," Alec Baldwin had a live round inside his gun belt, according to evidence shown during the involuntary manslaughter trial.

Attorney Alex Spiro showed the jury a photo of the gun belt.

"This is a close up of the gun holster that was belonging to Mr. Baldwin that has a live round in it," crime scene technician Marissa Poppell testified.

Spiro then showed a second close-up photo of a different gun belt.

"Mr. Ackles, another actor on the set, turns out that he -- as he acted, as he performed -- had a live bullet in his bandolier," Spiro claimed.

"Correct," Poppell responded.

"And you have no reason to think Mr. Ackles had any idea that was there, right?" Spiro continued.

"Correct," the technician replied on the stand.

During the "Rust" armorer's involuntary manslaughter trial, prosecutors argued Hannah Gutierrez Reed unknowingly brought live rounds onto the set and failed in her duty to safety check.

Alex Spiro stands in court on July 11. (Ramsay de Give-Pool/Getty Images)

Alec Baldwin's team began day two of the "Rust" involuntary manslaughter trial by cross-examining SFCSO crime scene technician Marissa Poppell.

Alex Spiro immediately zeroed in on the "destroyed" firearm, which the attorney previously argued was grounds to dismiss the involuntary manslaughter charge.

"As to the firearm, I think where you left off yesterday is ultimately that firearm was destroyed in the testing, fair?" Spiro asked Poppell.

"Not destroyed, but, broken," she replied.

"It's fair to say that the firearm can't be put back in the original condition that it was in at the time of the incident," the lawyer continued. "Is that fair?"

"I believe it could be put back together with replaced parts. But as far as, in my terms, destroyed -- meaning no longer in existence -- It is not the case," the crime scene technician explained.

"But as part of the investigation and entrusted with the evidence in this case, the gun will never be in exactly the same condition that it was in on October 21st [2021]?" Spiro further questioned.

"Yes," Poppell conceded.

Hilaria and Alec Baldwin's siblings sit behind the actor in court. (Fox News Digital)

Alec Baldwin received continued support from his family on the second day of the "Rust" movie shooting trial.

The 66-year-old actor entered the courtroom with his wife, Hilaria. Baldwin's brother, actor Stephen Baldwin, and his sister, Beth Keuchler, also were spotted sitting in the courtroom for the second day in a row.

Hilaria and Stephen also attended the "30 Rock" star's jury selection on July 9.

The benches inside the courtroom designated for press, attorneys and the public were half full for day two of the involuntary manslaughter trial. Baldwin could spend up to 18 months in prison, if convicted.

The jury will continue to hear witness testimony Thursday, July 11 as the prosecution continues arguments.

Former Santa Fe County Sheriffs Nicholas LeFleur and Timoteo Benavidez took the stand during the first day. Both recounted their arrivals on scene in the immediate aftermath of the October 2021 shooting that killed "Rust" cinematographer Halyna Hutchins.

Alec Baldwin on "Rust" set

As the years have passed since the fatal shooting of cinematographer Halyna Hutchins in 2021, Alec Baldwin has had little to say about the accidental shooting that led to his day in court.

In the first year after a gun the actor was holding on set discharged, killing Hutchins, Baldwin sat down for a handful of interviews in which he attempted to give his defense. Baldwin maintained he did not pull the trigger of the gun in his very first sit down interview with George Stephanopolous.

"I didn’t pull the trigger,” he said. “I would never point a gun at anyone and pull the trigger at them. Never."

Baldwin went on to tell Chris Cuomo that “every single person on the set of the film” knew what happened on the day of the shooting.

The 66-year-old actor even revealed he lost five jobs due to the on-set shooting during a 2022 interview with CNN.

Alec Baldwin arrived around 8 am local time for his second day of the "Rust" involuntary manslaughter trial.

The actor pulled up to the courthouse in a black SUV with attorneys Luke Nikas and Alex Spiro. His wife, Hilaria, was also with him as the group walked into the Santa Fe, New Mexico courthouse.

He passed by the press silently as people shouted questions.

"Do you want to hear from Hannah Gutierrez Reed?" a member of the press shouted, referencing the "Rust" armorer who was convicted in March of involuntary manslaughter.

Fox News Digital's Rebecca Rosenberg contributed to this report.

Many key players are expected to testify in Alec Baldwin’s "Rust" involuntary manslaughter trial.

The prosecution’s final witness list included firearm experts, film industry experts along with members of the “Rust” cast and crew.

Director Joel Souza, who was hit in the shoulder by the bullet that struck cinematographer Halyna Hutchins, will be called by the state. Crew members Mamie Mitchell, Cherlyn Schaefer, Gabrielle Pickle and more are expected to be called. Prop master Sarah Zachry, who never faced criminal charges despite her role working with armorer Hannah Gutierrez Reed, will also testify.

Gutierrez Reed, who was convicted of involuntary manslaughter for her role in the fatal shooting, will not take the stand.

Others who testified in Gutierrez Reed’s March trial will testify in Baldwin’s case, including medical examiner Dr. Heather Jarrell.

Gutierrez Reed was convicted of involuntary manslaughter on March 6 after nearly two weeks of testimony from some of the same witnesses Baldwin will see.

The armorer was sentenced to 18 months in prison.