SANTA FE, N.M. (AP) — Alec Baldwin’s defense attorneys requested Monday that a New Mexico judge dismiss the involuntary manslaughter charge against the actor, arguing that damage done during FBI testing to a revolver used in the fatal shooting of a cinematographer on the set of the Western “Rust” has impeded their ability to mount a proper defense.
“They understood that this was potentially exculpatory evidence and they destroyed it anyway,” said Baldwin’s attorney John Bash during a virtual court hearing. “It’s outrageous and it requires dismissal.”
Prosecutors acknowledged the damage to the gun was “unfortunate” but maintained Baldwin’s team still has ample evidence to prepare a defense, arguing the defense had not met the burden to dismiss the case.
Judge Mary Marlowe Sommer stated she expects to issue a ruling on the motion to dismiss by Friday.
The Incident and Subsequent Investigation
On October 21, 2021, during a rehearsal on a movie-set ranch, Baldwin was pointing the gun at Halyna Hutchins when it discharged, killing her and wounding director Joel Souza. The revolver was initially sent to the FBI for DNA testing, but following Baldwin’s claim in an ABC interview that he never pulled the trigger, the FBI conducted an accidental discharge test. This test involved striking the gun with a rawhide mallet, causing it to break into three pieces.
Baldwin’s lawyers argued the authorities were aware the test could damage the gun but proceeded without disassembling and photographing it first, thus destroying crucial evidence. “We can never use our own expert to examine that firearm,” Bash said.
Prosecutors countered that the gun was not completely destroyed. “The parts are still available,” special prosecutor Erlinda Johnson said, adding that the damage did not deprive Baldwin of the ability to question the evidence.
Courtroom Proceedings and Evidence
Baldwin’s attorneys contended that the damage to the revolver’s hammer rendered key testing impossible. They suggested that if the case was not dismissed, technical gun analysis should be excluded from the trial.
During the hearing, Baldwin’s lawyers extensively cross-examined the lead detective, an FBI forensic firearm investigator, and the prosecution’s independent gun expert, likely preparing for the high-profile trial where Baldwin will appear in person.
Prosecutors argued the defense still has sufficient gun evidence for the trial. “They have other reasonable available means to making their point,” Johnson said. She noted that all available evidence, including witness testimony and video of Baldwin firing the gun in movie footage, indicated the gun was in good working order at the time of the shooting.
Prosecutors plan to present evidence showing the firearm “could not have fired absent a pull of the trigger” and was functioning correctly before the incident. Meanwhile, Baldwin’s defense highlighted an expert analysis suggesting uncertainty about toolmarks on the gun’s firing mechanism.
Legal Developments and Next Steps
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum sentence of 18 months in prison. Armorer Hannah Gutierrez-Reed, convicted of involuntary manslaughter for her role in the shooting, was sentenced to 18 months in prison. Last Friday, the judge denied prosecutors’ request to compel testimony from Gutierrez-Reed at Baldwin’s trial, although her previous statements to investigators will likely feature prominently.
Last year, special prosecutors initially dismissed the involuntary manslaughter charge against Baldwin, citing potential modifications and malfunctions of the gun. However, after receiving a new analysis, they successfully pursued a grand jury indictment.
The judge’s forthcoming ruling on the motion to dismiss will determine whether Baldwin’s trial proceeds with the current charges.
