Trial Watch: Alec Baldwin Fights to Exclude Brandon Lee's 1993 Movie Set Death, Claims Irrelevant To 'Rust' Case
July 5 2024, Published 2:00 p.m. ET
Alec Baldwin is fighting in court to exclude Brandon Lee's 1993 infamous movie set death from his criminal case in New Mexico, stemming from the deadly 2021 Rust shooting, RadarOnline.com has learned.
The actor, 66, is charged with the involuntary manslaughter of cinematographer Halyna Hutchins, 42, who was killed on the western film's set when the prop gun Baldwin was holding went off. Director Joel Souza was also struck in the shoulder by the bullet that investigators said was negligently loaded into the gun by the production's armorer, Hannah Gutierrez Reed.
Reed was found guilty of involuntary manslaughter in March and sentenced to 18 months in prison. Baldwin's trial is set to kick off next week, with jury selection beginning July 9.
As the prosecution and defense gear up for the high-profile trial, the battle has been heating up over what information may be presented to the jury. A big question that looms is whether the panel should be allowed to hear about Baldwin's supposed knowledge of on-set gun dangers, particularly in light of Lee's tragic shooting death on the set of The Crow.
The gun was loaded with blanks, but when actor Michael Massee pulled the trigger, Lee was struck and killed by a fragment from a round that had gotten stuck in the barrel. No criminal charges were filed in that incident.
At a hearing on June 21, prosecutors in Baldwin's case argued that "almost everybody in the film industry is familiar with" the story of the deadly shooting on the set of The Crow. They claimed Baldwin acted recklessly on the Rust set — allegedly skipping safety measures and rushing the crew — despite gun safety knowledge he should have gleaned from Lee's death.
Days later, Baldwin's attorneys filed a motion seeking to exclude any arguments, evidence, or testimony having to do with The Crow. They argued that Lee's death is irrelevant to their client's case and would "only confuse the issues" and "mislead the jury."
"It was either foreseeable that Hutchins' death would result from Baldwin's failure to check for live ammunition or it wasn't," the defense motion read, "The issue of non-live ammunition is legally irrelevant."
The actor's lawyers went on to say that Baldwin "would have no choice but to present a substantial amount of evidence and testimony" about Lee's shooting if the prosecution "raises any argument based on the incident on 'The Crow' or a theory that the combination of a blank round and a barrel obstruction could create a fatal risk."
On Monday, the state agreed it would not bring up the Lee incident in Baldwin's case, but insisted on showing that Baldwin allegedly knew that a "barrel obstruction coupled with a blank round could be deadly." They pointed to Baldwin’s own comments after Hutchins' death, where he and others speculated that something may have been stuck in the gun's barrel.
"We all said the same thing, 'What was stuck in the barrel? Was something left? They didn't clean the barrel.' Which they always do, always," Baldwin said, according to a transcript quoted in the prosecutors' filing.
The state argued that Baldwin therefore knew how dangerous firearms could be on movie sets "for reasons other than the presence of a live round."
While the defense "relies heavily on the fact that he had no reason to believe there was a live round" in his gun, prosecutors said the actor still had a duty to ensure the weapon was safe.
Baldwin, who starred in and co-produced the film, alleged that he never pulled the trigger despite the FBI refuting that claim based on forensic evidence. He has pleaded not guilty to the involuntary manslaughter charge.