SANTA FE, N.M. — Lawyers for Alec Baldwin are trying to thwart an involuntary manslaughter case against the actor-producer in the fatal shooting of a cameraman during rehearsal for the Western film “Rust.”
Baldwin’s attorneys argue in a motion to dismiss the charge that the firearm in the shooting was severely damaged by FBI forensics before it could be examined for possible alterations that could exonerate the actor.
Judge Mary Marlowe Sommer of New Mexico will hear arguments on Monday. Baldwin’s trial begins next month.
Baldwin’s attorneys claim that authorities took what they described as the most critical evidence in the case — the firearm — and destroyed it by hitting it with a hammer as part of a forensic analysis.
During the fatal rehearsal on October 21, 2021, Baldwin pointed the gun at Halyna Hutchins at a ranch with movie sets when it went off, killing her and injuring director Joel Souza, who survived. Baldwin says he pulled back the gun’s hammer but did not pull the trigger.
Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired without pulling the trigger” and was working properly before the shooting.
Defense attorneys highlight a previously undisclosed expert analysis that outlines uncertainty about the origin of the markings on the weapon’s firing mechanism.
Baldwin has pleaded not guilty to the involuntary manslaughter charge, which carries a maximum penalty of 18 months in prison.
Master of Arms Hannah Gutierrez-Reed was and was convicted of involuntary manslaughter in March for her role in the shooting sentenced to 18 months in prison. During the process, an FBI expert testified the gun was fully functional with safety features when it arrived at an FBI laboratory. The expert said he had to hit the fully cocked gun with a hammer and break it to get the gun to fire without pulling the trigger.
Friday has the judge denied prosecutors’ request to use immunity to compel testimony from Gutierrez-Reed at Baldwin’s trial. Her statements to workplace safety investigators and regulators will likely feature prominently in Baldwin’s trial.
Further testimony could be limited by the gunsmith’s reluctance to testify, and the judge said Friday that other witnesses could fill most of the gaps if Gutierrez-Reed does not testify.
Also during Friday’s hearing, Marlowe Sommer ruled against a request from attorneys to dismiss the lawsuit, saying Baldwin had no reason to believe the gun might contain live ammunition and was not “subjectively aware” of the risks.
Special prosecutors last year dismissed the charge of involuntary manslaughter to Baldwin and said they were told the gun may have been modified before the shooting and was not functioning properly. But they turned around after receiving a new analysis of the weapon and successfully filed a grand jury indictment.