Alec Baldwin asking for a search warrant for police to obtain his cell phone is “not cooperation,” a legal expert told Fox News Digital.
Baldwin’s cell phone was requested in the newest search warrant released by the Santa Fe Sheriff’s Department as it investigates “Rust” cinematographer Halyna Hutchins’ death.
Baldwin was holding a revolver on set during an Oct. 21 rehearsal when the gun discharged, killing Hutchins.
Baldwin’s civil attorney, Aaron Dyer, claimed the actor “proactively requested” that police obtain a search warrant in order for him to “protect” himself and his family.
Alec Baldwin has claimed he did not pull the trigger of the gun he was holding when cinematographer Halyna Hutchins was fatally shot on the set of ‘Rust.’
(Photo by Jeff Neira/ABC via Getty Images)
However, a legal expert described the move by Dyer was “spin.”
“It is spin by Alec’s lawyer to say that he suggested the warrant,” attorney Christopher Melcher told Fox News Digital. “He refused to provide his phone without a warrant. That is not cooperation or a proactive suggestion. I understand why he would not want his phone produced because it has so much private information on it.”
Another legal expert told Fox News Digital that Dyer “wisely advised” Baldwin not to turn over his phone without a search warrant.
“The phone may have evidence implicating Baldwin, and why help the district attorney’s office prosecute you when you don’t have to?” Neama Rahmani told Fox News Digital. “Law enforcement is looking for evidence of Baldwin’s knowledge, specifically evidence that Baldwin knew the gun had previously misfired, that there were live rounds on set and that the revolver was loaded with live ammunition and not blanks.
“Phone evidence allows police to ‘get inside someone’s head’ to prove knowledge and intent when they deny it,” Rahmani added.
Alec Baldwin stepped out hours after the Santa Fe Sheriff’s Office’s latest search warrant was approved.
(Backgrid for Fox News Digital)
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Attorney Melcher further pointed out that Baldwin could potentially have “attorney-client communications” on his phone.
Melcher also suggested the sheriff’s department “be careful” examining Baldwin’s phone.
“The sheriff needs to be careful in examining the phone,” he explained. “Because if there are attorney messages on that phone and they are copied, the sheriff and the prosecutor can be disqualified from the case even if they did not read the messages. They need to have a special master appointed to review the phone first and ensure that no attorney-client communications are produced. I hope they know that.”
The search is to look for any information that could be beneficial in the investigation into Halyna Hutchins’ death.
(Backgrid for Fox News Digital)
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Baldwin told authorities during interviews that he was not aware there was a live round in the revolver. The Santa Fe Sheriff’s Department continues to investigate how live ammo made its way onto the set of “Rust” and into the revolver.