Baldwin’s Lawyers Seek Manslaughter Dismissal Claiming that the FBI Destroyed Evidence

( – Alec Baldwin’s defense attorneys have filed a motion to dismiss the involuntary manslaughter charges against the actor related to the fatal shooting of cinematographer Halyna Hutchins on the movie set of “Rust.”

Baldwin has pleaded not guilty to the charge of involuntary manslaughter related to the Oct. 21, 2021, death of Hutchins on the movie set. When the gun, which Baldwin had pointed at Hutchins, was fired, it killed her and wounded director Joel Souza, who survived. According to Baldwin, he did not pull the trigger and only pulled back the gun’s hammer. Prosecutors state the weapon would not have fired if he did not pull the trigger.

According to the motion to dismiss filed by Baldwin’s attorneys, the FBI forensic testing caused significant damage to the gun before the defense examined the gun for any modifications made to the firearm. Baldwin’s attorneys noted that as part of a forensic analysis, the gun hit with a mallet “repeatedly and pointlessly,” damaging the firearm, which they said was critical evidence in the case. New Mexico Judge Mary Marlowe Sommer will hear arguments on July 1.

The latest attempt to have the charges dismissed came after Marlowe Sommer rejected another attempt on June 21, where Baldwin’s attorneys argued the actor had no reason to believe the gun could have contained a live round.

The judge also rejected the prosecution’s attempt to compel movie set armorer Hannah Gutierrez-Reed to testify by granting her immunity. In March, Gutierrez-Reed was convicted of involuntary manslaughter for mistakenly loading the firearm with live ammunition. She was sentenced to 18 months in prison.

Special prosecutors dismissed a prior involuntary manslaughter charge against Baldwin in 2023 after being informed the gun may have been modified before the fatal shooting and malfunctioned. However, Baldwin was charged after a new analysis of the weapon.

Baldwin’s trial is scheduled to start on July 9. If he is convicted, he faces a maximum 18-month prison sentence.

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