Gutierrez-Reed's trial offers a scouting report for Baldwin's defense

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Mar. 7—Heather LeBlanc sat in the second row of a courtroom pew, quietly taking notes.

As the local attorney for actor and producer Alec Baldwin — who also is represented by a New York-based law firm — the trial of Hannah Gutierrez-Reed provided plenty of material for LeBlanc to study.

Gutierrez-Reed and Baldwin both were charged with involuntary manslaughter in connection with the 2021 on-set shooting death of Rust cinematographer Halyna Hutchins; the former armorer's trial offered a road map for a potential defense strategy when the Hollywood star goes on trial July 9 in Santa Fe.

A jury convicted Gutierrez-Reed in less than three hours, prompting many in the legal community to speculate whether the events of the past two weeks bode well or poorly for Baldwin. The tenor of the actor's trial almost certainly will be distinct with a different jury, different defense attorneys and a very different defendant.

"It could cut both ways," attorney Lisa Torraco said of Gutierrez-Reed's conviction. "It certainly does take the pressure off [the state] to convict Baldwin because now someone has been held accountable."

On the other hand, she added, "now it could be easier to convict the person who actually pointed the gun and pulled the trigger."

Torraco represents the film's assistant director David Halls, the only other person criminally charged in connection with Hutchins' death. Halls pleaded no contest last March to negligent use of a deadly weapon and was sentenced to six-months probation.

He testified in Gutierrez-Reed's trial, acknowledging he erred by making only a cursory examination of the weapon the armorer presented to him prior to the incident.

He's also the first and only person on a witness list Baldwin's attorneys filed March 1. Torraco said her client will testify "that of everyone on set he believes Alec Baldwin is the least culpable because the actor relies on the armorer."

Though LeBlanc watched intently in person, others involved in the litigation could study the proceedings remotely because Gutierrez-Reed's trial was broadcast by Court TV.

No one who may be called as a witness in Baldwin's case has been prohibited from watching the testimony of other witnesses, said Jennifer Burrill, president of the New Mexico Criminal Defense Lawyers Association in a phone interview Thursday.

"Any witness from this trial can go watch them all to prepare for their next trial," Burrill said.

That, too, could cut both ways, Burrill said.

While studying the trial may give witnesses a chance to bone up ahead of their testimony, video footage of witnesses' testimony being available at the click of a mouse could make it easier to ensure people don't testify differently in Baldwin's trial than they did in Gutierrez-Reed's.

"They could be impeached if they change their story," Burrill said.

Having the first trial as a study guide will "100% be a benefit for the defense," Burrill said. "They'll be able to see how people are going to testify and better prepare questioning, based of what they've already testified to."

It also will give Baldwin's team insight into how special prosecutors present evidence and conduct opening and closing arguments.

Nevertheless, Burrill noted the trials almost certainly will be unique.

"They are going to be very different trials because Alec Baldwin and Hannah Gutierrez-Reed had very different roles on that set" and have different attorneys," Burrill said.

One part of the armorer's trial likely to be revisited in Baldwin's case is the testimony of FBI firearms expert Bryce Ziegler, who said the .45 Colt revolver could not have fired under normal conditions unless someone manually cocked it and pulled the trigger.

Ziegler did leave room for Baldwin to maintain his claim that he didn't pull the trigger when he testified the gun's instruction manual warned an accidental misfire might be possible if the gun were dropped while fully loaded because the hammer would be resting on the primer of a bullet.

However, Burrill and Torraco both noted Ziegler testified he damaged the weapon by hitting it with a hammer during testing approved by the state. Both attorneys said that could result in Baldwin's team filing a motion to have all evidence about the gun excluded because state law requires police to preserve evidence they collect and gives all parties a right to examine the evidence in its original condition.

"The government has knowingly and intentionally destroyed the evidence ... the gun has been damaged and is no longer in testable condition," Torraco said.

"It becomes a very different trial without the gun," Burrill said.

Baldwin's defense team also may highlight that state OSHA investigators placed blame for the accident on Rust Movie Productions management, including prop master Sarah Zachry, line producer Gabrielle Pickle and Halls, but Baldwin's name was not included in the list of people the state agency said contributed to unsafe conditions on set, Burrill noted.

The spotlight now shines on Baldwin, and if closing arguments in the Gutierrez-Reed trial are any indication, special prosecutor Kari Morrissey is coming for him.

"Alec Baldwin's conduct and his lack of gun safety ... on that day is something he's going to have to answer for," Morrissey told jurors Thursday while explaining more than one person could be held accountable for Hutchins' death.

"Did Mr. Baldwin also contribute when he pointed the gun at people and pulled the hammer back and — regardless of what he said to [ABC News anchor] George Stephanopoulos — pulled the trigger? Yes, he did ... and we'll deal with that another time."