**Judge to Decide on Dismissing Alec Baldwin Shooting Case Due to Evidence Damage**
SANTA FE, N.M. (AP) — Alec Baldwin’s defense attorneys have requested the dismissal of the involuntary manslaughter charge against him, arguing that damage to a revolver during FBI testing has compromised their ability to mount a proper defense. The revolver in question was involved in the fatal shooting of cinematographer Halyna Hutchins on the set of the Western film “Rust.”
During a virtual court hearing on Monday, Baldwin’s lawyer, John Bash, contended that the FBI’s testing, which caused the revolver to break into three pieces, destroyed potentially exculpatory evidence. “They understood that this was potentially exculpatory evidence and they destroyed it anyway,” Bash stated. “It’s outrageous and it requires dismissal.”
Prosecutors, however, argued that the damage to the gun was “unfortunate” but did not deprive Baldwin’s defense team of sufficient evidence to argue their case. Special prosecutor Erlinda Johnson emphasized that the parts of the gun are still available for examination. “The fact that this gun was unfortunately damaged does not deprive the defendant of the ability to question the evidence,” she said.
Judge Mary Marlowe Sommer is expected to issue a ruling on the motion to dismiss on Friday.
The incident occurred on October 21, 2021, during a rehearsal on a movie-set ranch. Baldwin was pointing the gun at Hutchins when it discharged, killing her and wounding director Joel Souza. Initially, the revolver was sent to the FBI for DNA testing. However, after Baldwin claimed in an ABC TV interview that he never pulled the trigger, the FBI conducted an accidental discharge test, which led to the gun breaking into pieces.
Baldwin’s defense team argued that the authorities proceeded with the test despite knowing it could cause significant damage to the gun. They also pointed out that the gun had not been tested by the defense before the FBI’s test. “We can never use our own expert to examine that firearm,” Bash said.
The prosecution countered that the gun was not destroyed as claimed by the defense. Johnson argued that the defense still has ample evidence to work with, including witness testimony and video footage showing the gun in good working order on the day of the shooting. She added that police had no reason to believe the gun’s internal workings could provide exonerating evidence.
Prosecutors plan to present evidence at trial to show that the firearm “could not have fired absent a pull of the trigger” and was functioning properly before the shooting. Baldwin’s defense, on the other hand, is highlighting an expert analysis that questions the origin of toolmarks on the gun’s firing mechanism.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison. Armorer Hannah Gutierrez-Reed was convicted in March of involuntary manslaughter for her role in the shooting and was sentenced to 18 months in prison.
On Friday, the judge denied prosecutors’ request to use immunity to compel testimony from Gutierrez-Reed at Baldwin’s trial. Her statements to investigators and workplace safety regulators are expected to play a significant role in Baldwin’s trial.
Last year, special prosecutors dismissed an involuntary manslaughter charge against Baldwin, citing information that the gun might have been modified before the shooting and malfunctioned. However, they revived the case after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
In a separate development, Judge Mary Marlowe Sommer recently rejected a request by Baldwin to dismiss the sole criminal charge against him, keeping the case on track for a trial this summer. The judge upheld an indictment charging Baldwin with one count of involuntary manslaughter in Hutchins’ death, rejecting defense arguments that prosecutors had flouted grand jury proceedings rules.
Special prosecutors have denied accusations of misconduct and have highlighted contradictions in Baldwin’s statements to law enforcement, workplace safety regulators, and in a televised interview.
The decision to deny the motion to dismiss removes one of the last hurdles for prosecutors to put Baldwin on trial in July. “We look forward to our day in court,” defense attorneys Luke Nikas and Alex Spiro said in an email.
During a rehearsal on the set of “Rust,” Baldwin pointed a gun at Hutchins when the revolver went off, killing her and injuring director Joel Souza. Baldwin has maintained that he pulled back the gun’s hammer but did not pull the trigger.
Baldwin’s attorneys have filed multiple motions to dismiss the indictment, arguing that the state destroyed “potentially useful evidence” and failed to allege a criminal offense. Prosecutors have countered that Baldwin disregarded “substantial and unjustifiable risk” by violating gun safety standards.
Gutierrez-Reed, who was found guilty of involuntary manslaughter, is appealing her conviction. Her trial provided a preview of how Baldwin’s trial might unfold, with both prosecution and defense dissecting video footage of Baldwin before the fatal shooting for clues about breakdowns in firearms safety.
The judge’s ruling on the motion to dismiss due to evidence damage is eagerly awaited, as it will significantly impact the course of Baldwin’s trial.
Source: Associated Press, ABC News
