Judge refuses to dismiss the indictment against Alec Baldwin
Alec Baldwin's latest bid to have his involuntary manslaughter case dismissed was denied by a court on Friday, meaning that his trial on the shooting death of a "Rust" cinematographer will take place in less than two weeks.
After the gun that killed cinematographer Halyna Hutchins on the "Rust" movie set in 2021 was harmed during forensic testing at an FBI lab, Baldwin's lawyers sought a New Mexico judge to dismiss the prosecution.
Baldwin's team submitted a second move on Monday to have the indictment dismissed on the grounds that the prosecution neglected to provide evidence as needed by the court. The state's attorneys refuted these claims in a late-Thursday filing. Before the trial begins, the court has not said whether or not to grant the new motion.
For the past two and a half years, Baldwin has maintained that he did not pull the trigger and is unaware of how live ammunition ended up in the prop gun on the set.
The actor should be cleared, according to Mr. Baldwin's attorneys, because the most important piece of evidence in the case—the firearm—was destroyed.
Baldwin, 66, attempted to have the case dropped, but New Mexico District Court Judge Mary Marlowe Sommer rejected her request, stating that a trial was necessary to address the matter.
The proceedings are scheduled to begin on July 9 with jury selection.
On October 21, 2021, Hutchins was killed on the set of the movie "Rust" while Baldwin was carrying a.45-caliber Colt prop handgun when it accidentally fired a live round of ammunition, causing her to be fatally struck. The bullet also injured director Joel Souza. Baldwin has stated in interviews that the gun fired without his pushing the trigger.
After becoming the first to go to trial in the case—which has garnered national attention for more than two years—Gutierrez Reed was found guilty. Earlier this year, a New Mexico judge found her guilty of involuntary manslaughter in connection with the on-set shooting, and she was given the maximum penalty of 18 months in prison.
Gutierrez Reed was in charge of gun storage and safety on set as the armorer.
