SANTA FE, NM — A court ruling Friday put a wrongful death case against Alec Baldwin on track for trial in early July, when a judge denied a request to dismiss the case over complaints that key evidence was damaged by the FBI during forensic testing.
Judge Mary Marlowe Sommer sided with prosecutors in rejecting a motion to dismiss the case.
Defense attorneys argued that the gun from the fatal shooting was severely damaged during FBI forensic testing before it could be examined for possible modifications or problems that could exonerate the actor-producer. The decision clears one of the last hurdles before prosecutors can take the case to trial.
During a rehearsal on the set of the western film “Rust” in 2021, Baldwin pointed a gun on cinematographer Halyna Hutchins when the revolver went off, killing her and injuring director Joel Souza. Baldwin stated that he pulled the hammer on the gun, but not the trigger, and pleaded not guilty.
The FBI conducted an accidental discharge test on the weapon, hitting it from multiple angles with a rawhide hammer, shattering the weapon. Prosecutors plan to present evidence at trial that they say shows the firearm “could not have discharged without pulling the trigger” and was functioning properly before the shooting.
Baldwin was charged twice in Hutchins’ death. Prosecutors dismissed a previous charge and re-filed it after receiving a new analysis of the gun held by Baldwin. in Hutchins.
Gunsmith “Rust” Hannah Gutierrez-Reed is serving an 18-month sentence for a manslaughter conviction in the fatal shooting, while she appeals the jury’s verdict.
Marlowe Sommer said the destruction of the firearm’s internal components was “not highly prejudicial” to a fair trial.
Although Baldwin “claims that an unaltered firearm is critical 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 revolver to the FBI for routine testing, but when an FBI analyst heard Baldwin say in an ABC TV interview that he never pulled the trigger, the agency told local authorities they could conduct a discharge test. accidental, although it could damage the weapon.
A team of investigators told the FBI to move forward and tested the revolver by striking it from several angles with a rawhide hammer. One of these attacks fractured the weapon’s firing and safety mechanisms.
Defense lawyers say the “outrageous” decision to move forward with testing could have destroyed defense evidence.
Prosecutors said it was “unfortunate” the gun broke, but it was not destroyed and the parts are still available. They say Baldwin’s lawyers still have the ability to defend their client and challenge the evidence against him.
Several hours of testimony about the gun and forensic tests during online hearings in recent days provided a dress rehearsal for the possible trial against Baldwin. Baldwin’s lawyers conducted long and thorough interrogations 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 discharged without pulling the trigger” and was functioning properly before the shooting.
Since the 2021 shooting, the filming of “Rust” has resumed but moved to Montana under an agreement with Hutchins’ husband, Matthew Hutchins, who made him an executive producer. The full film has not yet been released for public viewing.
This story originally appeared on ABCNews.go.com read the full story
