During cross examination July 11 in the involuntary manslaughter trial for Rust actor Alec Baldwin, defense attorney Alex Spiro grilled Santa Fe County Sheriff’s Office Crime Scene Technician Marissa Poppell about investigators’ efforts to locate the source of the live ammunition found on set following the Oct. 21, 2021 fatal on-set shooting of cinematographer Halyna Hutchins. Baldwin, who held the weapon, could receive up to 18 months in prison if convicted.
Spiro asked why investigators took approximately a week to conduct a search warrant on the prop truck on Bonanza Creek Ranch—located approximately 18 miles south of downtown Santa Fe—which served as the set for the film.
“The search warrant needed to be written. I’m not sure of why the time difference occurred exactly,” Poppell replied.
During cross examination, Spiro also zeroed in on PDQ Arm and Prop owner Seth Kenney, who provided firearms and ammunition for the movie. The Baldwin defense attorney noted investigators didn’t conduct a search warrant on Kenney’s business until more than a month after the shooting.
Poppell’s time on the stand, which began July 10, spanned approximately eight hours. Spiro pointed out several inconsistencies in what she told jurors, including in her description of the search on Kenney’s facility during questioning from prosecutors the first day of questioning. At first, she told jurors investigators had located “every live round” in the building, but when probed by Spiro, that answer changed.
“I believe I found every live round. I don’t recall the exact words that I stated,” Poppell said. “I believe that a reasonable search was conducted of the warehouse.”
Later in the day, Italian arms manufacturer Alessandro Pietta—who made the revolver Baldwin held—testified, as well as marketing firm owner Justin Neal who works with Pietta and the Early and Modern Firearms Company in North America. Both testified the gun underwent quality control procedures following manufacturing and was displayed at industry trade shows prior to being shipped to PDQ Arm and Prop in September 2021.
When Special Prosecutor Erlinda Johnson asked if the gun would have been shown if it exhibited defects, Neal told jurors no.
“The purpose of Pietta or EMF going to a trade show is to sell it to FFLs or arms dealers,” Neal said. “If a buyer was to hold it under our watchful eye and it was defective, he probably would not buy this gun or any other that we have.”
He added he has handled customer service calls for EMF since 2018 and had never received a complaint about a Pietta revolver firing on its own. Baldwin has maintained he did not pull the trigger.
During a lunch break and outside the presence of jurors, attorneys again clashed over evidence to present to the jury. Special Prosecutor Kari Morrissey argued that Baldwin’s own assertions of knowledge of firearms to Santa Fe County Sheriff Corporal Alexandria Hancock, who worked as a detective on the Rust case, should be presented to the jury, along with phone conversation transcripts during which the actor encouraged his family to still come to New Mexico to “have a good time” after he was aware Hutchins had been shot, but not killed.
“This is obviously information that directly contradicts what the defense has argued,” Morrissey said.
Defense attorney Heather LeBlanc questioned the probative value of those statements, noting the judge ruled Monday that Baldwin’s demeanor leading up to the shooting would not factor in the case, outside of his behavior with the guns.
“The state is saying it’s probative of he’s really not that distraught about it, but looking at his state of mind after, what element does that go to in order to prove he’s actually guilty of involuntary manslaughter?” LeBlanc asked. “To allow the state to basically re-litigate this would be entering into very dangerous territory.”
Ultimately, First Judicial District Court Judge Mary Marlowe Sommer allowed prosecutors to introduce Baldwin’s statements as evidence, saying the ruling Monday was related to witness testimony, not Baldwin’s own admissions of his firearm knowledge. She added defense attorneys have argued extensively that the actor was distraught, including during cross examination of Officer Nicholas Lefleur yesterday.
“I’m deciding that this rebuttal information is of consequence,” Marlowe Sommer said. “Its probative value is not substantially outweighed by the danger of prejudice.”
The trial continues tomorrow at 9:30 am. Watch a livestream of the second day here.