**Alec Baldwin Attorneys Argue Damage to Gun During Testing Was Unacceptable Destruction of Evidence**
SANTA FE, N.M. — Alec Baldwin’s defense attorneys have made a compelling argument for the dismissal of the involuntary manslaughter charge against the actor, citing the destruction of critical evidence during FBI testing. The defense contends that the damage inflicted on the revolver, which was involved in the fatal shooting of cinematographer Halyna Hutchins on the set of the Western film “Rust,” has severely compromised their ability to mount a proper defense.
During a virtual court hearing on Monday, Baldwin’s lawyer, John Bash, emphasized the gravity of the situation. “They understood that this was potentially exculpatory evidence and they destroyed it anyway,” Bash stated. “It’s outrageous and it requires dismissal.”
The incident in question occurred on October 21, 2021, during a rehearsal on a movie-set ranch. Baldwin was pointing the gun at Hutchins when it discharged, resulting in her death and injuring director Joel Souza. Initially, the revolver was sent to the FBI for DNA testing. However, after Baldwin claimed in a December ABC TV interview that he never pulled the trigger, the FBI was authorized to conduct an accidental discharge test.
The FBI proceeded with the test, striking the revolver from various angles with a rawhide mallet. One of these strikes caused the gun to break into three pieces. Baldwin’s defense team argues that the FBI was aware of the potential for significant damage but proceeded without disassembling and photographing the gun’s parts first. This, they claim, has eliminated their most critical evidence.
“We can never use our own expert to examine that firearm,” Bash lamented.
Prosecutors, however, maintain that the gun was not destroyed as the defense claims. Special prosecutor Erlinda Johnson argued, “The parts are still available. The fact that this gun was unfortunately damaged does not deprive the defendant of the ability to question the evidence.”
Baldwin’s attorneys countered that the damage to the top notch on the revolver’s hammer has rendered the most crucial testing impossible. They urged Judge Mary Marlowe Sommer to either dismiss the case or, at the very least, exclude any technical gun analysis from being presented at trial.
The defense’s cross-examinations of the lead detective, an FBI forensic firearm investigator, and the prosecution’s independent gun expert were thorough and probing. These testimonies are likely a preview of the high-profile trial, where Baldwin will appear in person.
Special prosecutors argued that the defense has ample evidence to work with at trial. “They have other reasonable available means to making their point,” Johnson said. She added that all available evidence, including witness testimony and video footage of Baldwin firing the gun, indicated that the firearm was in good working order on the day of the shooting. Police had no reason to believe its internal workings could provide exonerating evidence.
Prosecutors plan to present evidence at trial to demonstrate that the firearm “could not have fired absent a pull of the trigger” and was functioning correctly before the shooting. The defense, on the other hand, is highlighting a previously undisclosed expert analysis that raises questions about 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, who was convicted in March of involuntary manslaughter for her role in the shooting, 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 revisited the case after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
Judge Mary Marlowe Sommer is expected to issue a ruling on the motion to dismiss on Friday. The outcome of this decision will significantly impact the direction of Baldwin’s trial and the defense’s strategy moving forward.
Source: Associated Press
