New Mexico.- Alec Baldwin faces a clear path to a manslaughter trial after a judge on Friday rejected a request to dismiss the case.
The ruling by Judge Mary Marlowe Sommer supports the position of prosecutors, who argued against dismissing the case due to complaints about damage to key evidence during forensic testing by the FBI.
Baldwin’s defense attorneys had argued that the gun in the fatal shooting was severely damaged by FBI forensic testing before it could be examined for possible modifications or problems that could exonerate the actor and producer. The ruling removes one of the last hurdles before prosecutors can take the case to trial.
During a rehearsal on the set of the film Rust in 2021, Baldwin pointed a gun at cinematographer Halyna Hutchins when the revolver discharged, killing her and wounding director Joel Souza. Baldwin has maintained that he retracted the hammer of the gun but did not pull the trigger, and has pleaded not guilty.
The FBI performed an accidental discharge test on the gun by hitting it from various angles with a leather mallet, which ultimately broke the gun. Prosecutors plan to present evidence at trial that they say shows the firearm “could not have been fired without pulling the trigger” and that it was functioning properly before the shooting.
Baldwin, 66, has been charged twice in Hutchins’ death. Prosecutors dismissed a previous charge and then re-charged him after receiving a new analysis of the gun he pointed at Hutchins.
Weapons Supervisor Hannah Gutierrez-Reed is serving an 18-month sentence for involuntary manslaughter in the fatal shooting, while she appeals the jury’s verdict.
Marlowe Sommer said the destruction of the firearm’s internal components is “not highly prejudicial” to a fair trial.
While Baldwin “maintains that an unaltered firearm is critical to his case, other evidence relating to the functionality of the firearm on October 21, 2021 weighs against the defendant’s claims,” the judge wrote.
The court decision is a significant step before prosecutors can proceed with the trial scheduled for early July.
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