New Mexico judge denies request to dismiss Alec Baldwin case, will be tried in July

A court ruling issued Friday put a manslaughter case against Alec Baldwin on track for trial in early July, as a judge rejected a request to dismiss the case over complaints that the FBI damaged key evidence during forensic testing.

Judge Mary Marlowe Sommer sided with prosecutors in denying a motion to dismiss the case.

Defense attorneys had argued that the gun in the fatal shooting was severely damaged by FBI forensic testing before it could be examined for possible modifications or problems that could exonerate the actor and producer. The ruling removes one of the last hurdles before prosecutors can take the case to trial.

During a rehearsal on the film set on October 21, 2021, Baldwin was pointing the gun at Halyna Hutchins when it went off. She died and director Joel Souza suffered injuries, but survived.

Baldwin has pleaded not guilty on one count of involuntary manslaughter, which carries a maximum sentence of 18 months in prison.

The FBI performed an accidental discharge test on the gun by hitting it from various angles with a leather mallet, which eventually broke the weapon. Prosecutors plan to present evidence at trial that they say shows the firearm “could not have been discharged without pulling the trigger” and was functioning properly before the shooting.

Baldwin has been charged twice in Hutchins’ death. Prosecutors dismissed a previous charge and then re-charged him after receiving a new analysis of the gun he pointed at Hutchins.

“Rust” weapons supervisor Hannah Gutierrez-Reed is serving an 18-month sentence for involuntary manslaughter in the fatal shooting while she appeals the jury verdict.

Marlowe Sommer said the destruction of the firearm’s internal components is “not highly prejudicial” to a fair trial.

While Baldwin “maintains that an unaltered firearm is critical to his case, other evidence relating to the functionality of the firearm on October 21, 2021 weighs against the defendant’s claims,” the judge wrote.

Investigators initially sent the revolver to the FBI for a routine test, but when an FBI analyst heard Baldwin say in an interview with ABC TV that he never pulled the trigger, the agency told local authorities they could perform an accidental discharge test, even though it could damage the gun.

A team of investigators told the FBI to proceed and tested the revolver by hitting it from various angles with a leather mallet. One of those impacts fractured the firing and safety mechanisms of the weapon.

Defense attorneys say the “outrageous” decision to test the gun may have destroyed exculpatory evidence.

Prosecutors said it was “unfortunate” that the gun broke, but it was not destroyed and the parts are still available. They say Baldwin’s attorneys still have the ability to defend their client and challenge the evidence against him.

Several hours of testimony about the gun and forensic evidence during preliminary hearings in recent days provided a dress rehearsal for Baldwin’s potential trial. Baldwin’s lawyers conducted lengthy, in-depth questioning of the lead detective, an FBI firearms forensic investigator and the prosecution’s independent weapons expert, Lucien Haag.

Prosecutors plan to present evidence they say shows the firearm “could not have been fired without pulling the trigger” and that it was functioning properly before the shooting.

Since the 2021 shooting, filming on “Rust” has resumed but moved to Montana under an agreement with Hutchins’ husband, Matthew Hutchins, that made him executive producer. The full film has not yet been released to the public.

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