Alec Baldwin’s attorneys went back to court to get the “Rust” involuntary manslaughter case against the actor dismissed due to claims of destruction of the gun in the 2021 shooting death of cinematographer Halyna Hutchins.
During a virtual court hearing on Monday, attorneys for the 66-year-old actor argued that when the FBI took a mallet to Baldwin’s Colt .45 revolver during testing of the gun, it destroyed the defense’s case that the gun could have fired due to mechanical issues, CBS News reported.
Baldwin’s attorney John Bash said the government “understood that this was potentially exculpatory evidence and they destroyed it anyway. It’s outrageous and it requires dismissal.”
“This is among the most egregious constellation of facts I’ve ever seen,” he added, Variety noted. “They knew it would be destroyed, and they did nothing to preserve the evidence for the defendant.”
Alec Baldwin attorneys claim FBI damaged revolver, seek to dismiss ‘Rust’ charges https://t.co/gODKiI1KUp
— News 4 San Antonio (@News4SA) June 25, 2024
Prosecutors responded that the gun being damaged was “unfortunate” and argued that the defense can still make its case using other evidence that’s available, adding that the gun was not destroyed, just broken into three pieces.
“The parts are still available,” special prosecutor Erlinda Johnson said. “The fact that this gun was unfortunately damaged does not deprive the defendant of ability to question the evidence.”
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“A review of the evidence in this case leads one to conclude that the exculpatory value of this firearm, in the condition it was in on Oct. 21, 2021, is extremely low,” she added, noting in an interview on that day with investigators from the Occupational Safety and Health Administration, “Baldwin himself told OSHA investigators that the gun had no mechanical defects” and said he had already been using it for some time.
“The only problem was that it was … there was a live bullet in the gun. Those were his words,” the prosecutor added. “That could not put law enforcement on notice that this gun had, if you believe their theory, some potential mechanical defects when he was interviewed by law enforcement on Oct. 21, 2021.”
New Mexico Judge Mary Marlowe Sommer said she would make a ruling on the motion to dismiss on Friday and said, “Do not think that that means stop working for trial.”
Baldwin currently awaits trial after being charged with involuntary manslaughter in Hutchins’ death and pleading not guilty to the charge, as previously reported.
In October 2021, the “30 Rock” star was involved in the shooting of Hutchins on the New Mexico film set. The firearm Baldwin was holding discharged a bullet. Baldwin has repeatedly maintained that there was “no trigger pull.”
In April, the film’s weapons supervisor, 26-year-old Hannah Gutierrez-Reed, was sentenced to 18 months in prison after she was found guilty of involuntary manslaughter in the fatal shooting of Hutchins.
Baldwin’s trial is set to start July 10, Variety noted. If convicted, the “30 Rock” star faces up to 18 months in prison.
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[[{“value”:”
Alec Baldwin’s attorneys went back to court to get the “Rust” involuntary manslaughter case against the actor dismissed due to claims of destruction of the gun in the 2021 shooting death of cinematographer Halyna Hutchins.
During a virtual court hearing on Monday, attorneys for the 66-year-old actor argued that when the FBI took a mallet to Baldwin’s Colt .45 revolver during testing of the gun, it destroyed the defense’s case that the gun could have fired due to mechanical issues, CBS News reported.
Baldwin’s attorney John Bash said the government “understood that this was potentially exculpatory evidence and they destroyed it anyway. It’s outrageous and it requires dismissal.”
“This is among the most egregious constellation of facts I’ve ever seen,” he added, Variety noted. “They knew it would be destroyed, and they did nothing to preserve the evidence for the defendant.”
Alec Baldwin attorneys claim FBI damaged revolver, seek to dismiss ‘Rust’ charges https://t.co/gODKiI1KUp
— News 4 San Antonio (@News4SA) June 25, 2024
Prosecutors responded that the gun being damaged was “unfortunate” and argued that the defense can still make its case using other evidence that’s available, adding that the gun was not destroyed, just broken into three pieces.
“The parts are still available,” special prosecutor Erlinda Johnson said. “The fact that this gun was unfortunately damaged does not deprive the defendant of ability to question the evidence.”
CLICK HERE TO GET THE DAILYWIRE+ APP
“A review of the evidence in this case leads one to conclude that the exculpatory value of this firearm, in the condition it was in on Oct. 21, 2021, is extremely low,” she added, noting in an interview on that day with investigators from the Occupational Safety and Health Administration, “Baldwin himself told OSHA investigators that the gun had no mechanical defects” and said he had already been using it for some time.
“The only problem was that it was … there was a live bullet in the gun. Those were his words,” the prosecutor added. “That could not put law enforcement on notice that this gun had, if you believe their theory, some potential mechanical defects when he was interviewed by law enforcement on Oct. 21, 2021.”
New Mexico Judge Mary Marlowe Sommer said she would make a ruling on the motion to dismiss on Friday and said, “Do not think that that means stop working for trial.”
Baldwin currently awaits trial after being charged with involuntary manslaughter in Hutchins’ death and pleading not guilty to the charge, as previously reported.
In October 2021, the “30 Rock” star was involved in the shooting of Hutchins on the New Mexico film set. The firearm Baldwin was holding discharged a bullet. Baldwin has repeatedly maintained that there was “no trigger pull.”
In April, the film’s weapons supervisor, 26-year-old Hannah Gutierrez-Reed, was sentenced to 18 months in prison after she was found guilty of involuntary manslaughter in the fatal shooting of Hutchins.
Baldwin’s trial is set to start July 10, Variety noted. If convicted, the “30 Rock” star faces up to 18 months in prison.
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