Alec Baldwin’s Motion To Dismiss Charge Is Denied

( – In October 2021, cinematographer Halyna Hutchins was shot and killed on the “Rust” movie set. Over the past few years, there’s been a saga playing out in the courts. Actor Alec Baldwin, who pulled the trigger, was indicted on manslaughter charges, which were then dropped. Prosecutors charged him again, and the judge recently refused to dismiss the charges.

On Friday, June 28, Baldwin’s lawyers argued that New Mexico acted in bad faith when its prosecutors had the gun tested. Doing so, they said, altered the firearm and destroyed evidence, which the FBI had cautioned could happen. Since it’s been damaged, Baldwin’s attorneys said that they were denied the chance to observe the gun in its original state.

Erlinda Johnson, the special prosecutor in the case, says the defense still has a way to prove its case using alternative evidence. Judge Mary Marlowe Sommer agreed with the prosecution and denied the motion to dismiss, stating the defense failed to prove that at the time of testing, the prosecution knew the weapon was exculpatory evidence. The judge also said the state must fully disclose not only the damage that the gun sustained during testing but its relevance as well.

Baldwin’s trial is set for July. He was originally indicted years ago, but the charges were dismissed when prosecutors were informed the gun the actor was holding might have been modified and therefore malfunctioned. However, those charges were brought against Baldwin once again this January following a new analysis of the firearm. If convicted, the actor is facing 18 months in prison.

A jury found the armorer on the set, Hannah Guitierrez-Reed, guilty of involuntary manslaughter after a two-week trial and sentenced her to 1.5 years in jail. She is currently appealing that verdict.

Baldwin’s legal team did not release a statement following the judge’s denial of its motion to dismiss.

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