(Santa Fe) A court ruling Friday put a manslaughter case against Alec Baldwin on track for a trial in early July, as a judge denied a request to dismiss the case following complaints that key evidence was damaged by the FBI during the forensic examination.
Judge Mary Marlowe Sommer sided with prosecutors in denying a motion to dismiss the case.
Defense attorneys had argued that the gun used in the fatal shooting was heavily damaged during FBI forensic testing before it could be examined for possible modifications or problems that could exonerate the actor and producer.
The ruling clears one of the final hurdles before prosecutors can take the case to trial, with jury selection scheduled for July 9 in Santa Fe.
During the trial, lawyers plan to call witnesses from a court-approved list of more than 60 people. They include director Joel Souza, who was injured in the shooting, as well as assistant director Dave Halls, who pleaded no contest to negligent use of a deadly weapon, as well as an array of first responders , investigators, firearms experts and witnesses close to the shooting.
Mr. Baldwin is not on that list, but is entitled to testify at his own trial.
The armorer on the set RustHannah Gutierrez-Reed, is serving an 18-month sentence for manslaughter in the fatal shooting, while she appeals the jury’s verdict. Prosecutors are likely to call her to testify at Mr. Baldwin’s trial, despite her refusal to answer questions during a pretrial interview. A judge denied a request to compel her to testify by granting her immunity.
PHOTO EDDIE MOORE, REUTERS ARCHIVES
Armorer Hannah Gutierrez-Reed
The damaged weapon
During a rehearsal on the set of the western Rust In 2021, Mr. Baldwin pointed a gun at cinematographer Halyna Hutchins when the gun fired, killing her and wounding director Souza. Mr. Baldwin has pleaded not guilty.
The FBI conducted an accidental discharge test on the gun by hitting it from multiple angles with a rawhide mallet, which ultimately shattered the weapon. Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired without the trigger being pulled” and was functioning properly before the shot.
Mr. Baldwin has been charged twice for the death of Mr.me Hutchins. Prosecutors dismissed an earlier charge, then refiled it after receiving a new analysis of the gun Mr. Baldwin pointed at Ms.me Hutchins.
While Alec Baldwin “argues that an unmodified firearm is central to his case, other evidence regarding the functionality of the firearm on October 21, 2021 weighs against the defendant’s assertions,” the judge wrote.
Sheriff’s investigators initially sent the gun to the FBI for routine testing, but when an FBI analyst heard Mr. Baldwin say in an ABC TV interview that he had 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 asked the FBI to go ahead and test the revolver by hitting it from several angles with a rawhide mallet. One of these strikes shattered the weapon’s firing and safety mechanisms.
Defense lawyers say “scandalous” decision to conduct testing 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 said Baldwin’s lawyers still have the ability to defend their client and challenge the evidence against him.
In Friday’s ruling, the judge said prosecutors will have to fully disclose at trial the destructive nature of the FBI’s forensic testing of the gun, including what was lost in the process and its relevance to reaching a verdict.
Since the 2021 incident, the filming of Rust resumed, but moved to Montana under an agreement with M’s husband.me Hutchins, Matthew Hutchins, who made him an executive producer. The finished film has not yet been released to the public.