Alec Baldwin 'Rust' trial: Experts reveal key misstep that could blow up actor's defense

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Alec Baldwin 'Rust' trial: Experts reveal key misstep that could blow up actor's defense
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Alec Baldwin is 'extremely volatile' and could be a 'liability' for his own defense if he takes the stand, a legal expert told Fox News Digital.

Alec Baldwin could be 'a liability' for his own defense, but compromised key evidence could help him beat the case, legal experts tell Fox News Digital. A gun Baldwin was holding discharged on the New Mexico set of the Western film 'Rust' in 2021, killing cinematographer Halyna Hutchins and injuring director Joel Souza. Baldwin is facing an involuntary manslaughter rap and up to 18 months in prison if convicted. Jury selection is slated to begin Tuesday, July 9.

Should Baldwin testify? Lawyer Todd Spodek said the '30 Rock' star could well blow his top — and his defense — if he takes the stand. The attorney represented Genevieve Sabourin, who was convicted of stalking Baldwin after an explosive Manhattan trial that saw the actor and his wife, Hilaria, step into the witness box. 'It’s incredibly risky if he testifies,' Spodek told Fox News Digital. 'He’s always having outbursts.

But the FBI destroyed the gun, a Colt. 45, during testing, making it impossible to check for potential defects that could have led to a malfunction, the defense contends. Bederow said Baldwin's lawyers are clearly poised to stress the damage to the key piece of evidence in the case in seeking an acquittal. 'The prosecution’s destruction of the gun could be extremely helpful to the defense,' he said.

The defense will argue she was responsible for keeping the firearm safe and passing it to the actor only when safe,' he said. 'He will argue that however regrettable the accident was, it was not reckless to rely on her training and expertise.' Los Angeles-based entertainment attorney Tre Lovell said this argument could be bolstered by Screen Actors Guild rules, which govern the duties of workers on a Hollywood set.

If someone hands me a gun in the real world and says it’s not loaded, and I shoot it and kill someone, I’m criminally responsible,' he told Fox News Digital. 'But on a movie set it’s different and everyone has a job and duty. The actors act, the directors direct, the gaffers do the onset stuff and armorers are there as weapons experts.' In fact, he said, it would be a violation of SAG rules for an actor to be responsible for gun or set safety.

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