Alec Baldwin says he never pulled the trigger.
It’s a key question at the involuntary manslaughter trial of the “30 Rock” star and father-of-eight, which begins with jury selection Tuesday in Santa Fe, New Mexico.
Prosecutors say that Baldwin pointed the .45-caliber cowboy gun at cinematographer Halyna Hutchins during the filming of the movie “Rust” in October 2021 — killing her. They also allege that the fatal decision was just one of several reckless choices he made that flew of the face of Hollywood safety rules.
Baldwin, 66, has pleaded not guilty and furiously denies responsibility for Hutchins’ death. He said he never should have been handed a live round, and that the gun malfunctioned and fired when he pulled back the hammer.
The case — which is expected to last for 10 days — will be live-streamed on Court TV every day following jury selection.
Opening statements could begin as soon as Wednesday.
Baldwin, a New York public radio and “Saturday Night Live” mainstay, could face up to 18 months in prison if he’s convicted.
That’s the same sentence that “Rust” armorer Hannah Gutierrez-Reed was given following her conviction for involuntary manslaughter. Baldwin’s team maintain she is one of the people at fault for the death of Hutchins, a 42-year-old mother.
Gutierrez-Reed is appealing her conviction.
Baldwin was in court Monday — with a suit and tie, glasses and a short, gray coif — during a final hearing before trial.
Judge Mary Marlowe Sommer doled out a pair of key rulings in Baldwin’s favor.
First, she said that the jury won’t hear about his position as a co-producer for the movie, and will only be presented with evidence about his role as an actor in the Western.
Special prosecutor Erlinda Johnson had claimed that his responsibility as a boss should have been allowed into trial to demonstrate that he “keenly aware” of his role in maintaining on-set safety.
The judge dismissed that reasoning, saying, “I’m having real difficulty with the state’s position that they want to show that as a producer he didn’t follow guidelines, and therefore as an actor Mr. Baldwin did all of these things wrong that resulted in the death of Ms. Hutchins.”
The judge also said she won’t allow evidence about prior fatal gun accidents on other Hollywood sets — including the high-profile death of Brandon Lee during filming of “The Crow” in 1993. Crow was shot in the stomach with a makeshift round that was accidentally left in the gun.
Marlowe Sommer sided with prosecutors on another motion, barring the findings of state workplace safety probe placing blame primarily with assistant director David Halls. Prosecutors said the report glossed over Baldwin’s role in the tragedy.
Halls was sentenced to six months of probation after he admitted he failed to check the gun for live bullets before handing it off to Baldwin in the moments before Hutchins’ tragic death. Halls could be called as a prosecution witness at trial.
Marlowe Sommer also allowed prosecutors to show jurors graphic photos of Hutchins’ injuries from an autopsy report and body cam footage from the cops who responded to the shooting.
This trial is the result of the second time prosecutors filed involuntary manslaughter charges against Baldwin for Hutchins’ death.
Prosecutors originally filed then dropped charges in April 2023 following a dispute about the examination of the revolver that fired the fatal round.
Prosecutors said they needed time for additional investigation and forensic analysis.
Baldwin, who’d been rehearsing a cross-draw maneuver with the Colt replica, claimed the weapon misfired. Federal investigators have since determined there was no other way the shot would have fired.
Prosecutors have argued that Baldwin had been reckless with handling firearms throughout filming, including once firing “a blank round at a crew member,” using a gun as a pointer and holding his finger on the trigger on scenes that didn’t require it.
Baldwin’s team has argued that it was “incomprehensible” that live rounds would end up on set, placing blame with armorer Gutierrez-Reed whose job it was to ensure the safe use of weapons.
But Gutierrez-Reed’s lawyers during her trial claimed she had two jobs on set and that she was rushed by Baldwin.
With Post wires