Defense attempts to bolster its case that Baldwin did as he was told
Baldwin’s defense entered into evidence a document detailing the scene the actor was supposed to shoot, which included instructions that the thumb “cocks” the firearm.
Poppell photographed the document while law enforcement executed a search warrant on the church where the shooting occurred. Baldwin has insisted that the firearm misfired when he cocked the gun, denying that he ever pulled the trigger.
Prosecutors have said there was no evidence the gun misfired, but Spiro’s line of questioning appears to bolster the attorney’s case that Baldwin simply did as he was instructed to do as an actor.
Court returns from break and lengthy discussions with judge
Though the courtroom filled back up following a brief recess, both the prosecution and the defense were in discussions with Judge Mary Marlowe Sommer.
Prior to the break, the state raised an objection to the defense’s line of questioning about what was found in a search of the on-set church where the shooting occurred.
Poppell returned to the stand after a lengthy conversation between attorneys at Sommer’s bench.
Multiple live rounds found among dummy bullets on ‘Rust’ set
When evidence was collected on the “Rust” set, live rounds were found mixed with dummy bullets on a prop cart, inside a munition box and in gun holsters for two actors, crime scene technician Marissa Poppell testified.
Led by Baldwin’s defense team, Poppell identified the live bullets in photos presented in court. The live rounds appear to have a silver dot at the bottom of the casing rather than a dull gold or bronze shade.
“Your working theory, as you evaluated the ammunition and looked at the similarity between the Starline nickel live and the Starline nickel dummies is that they could have been easily commingled there?” Spiro asked.
“Yes,” Poppell responded.
“In other words, somebody could have mistaken one for the other, right?” He continued.
“Yes,” she said.
Damaged firearm focus on cross-examination
Baldwin’s attorney, Alex Spiro, kicks off today with a cross-examination of the crime scene technician for the Santa Fe County Sheriff’s Office called by prosecution yesterday.
Spiro questioned Marissa Poppell on the damage caused by the state’s forensic analysis of the gun. Baldwin’s defense team tried to have the case dismissed because they were unable to examine the gun but were denied by Judge Sommer.
“As to the firearm, I think where you left off yesterday is ultimately that firearm was destroyed in the testing there,” Spiro said.
“Not destroyed, but broken,” Poppell responded.
Poppell later agreed that although the gun could likely be fixed with replacement parts, it could not be restored to the condition it was on the day that Halyna Hutchins and Joel Souza were shot.
Second day of trial begins
Baldwin is in court for the second day of trial with his family once again seated in the gallery behind him.
His wife, Hilaria, has returned to court along with his brother Stephen and sister Elizabeth Keuchler. Stephen Baldwin is wearing a headset typically used for the hearing impaired.
In yesterday’s opening statements, the prosecution painted the “Rust” star as recklessly breaking the cardinal rules of gun safety. His defense pushed back, telling the jury that Baldwin was told by those responsible for safety that the gun was “cold” — or without live ammunition.
“Rust” armorer expected to testify tomorrow, source says
Reporting from Santa Fe, NM
New Mexico prosecutors plan to call “Rust” armorer Hannah Gutierrez-Reed to the stand Friday, a source familiar with the matter told NBC News.
Reed, who is serving an 18 month prison sentence has already been transferred to a local Santa Fe jail. The prosecution declined to comment to NBC News on the matter.
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