A judge rejected Alec Baldwin’s latest attempt to dismiss his involuntary manslaughter case Friday, allowing the actor’s trial over the fatal shooting of a “Rust” cinematographer to proceed in less than two weeks.
Baldwin’s attorneys had asked a New Mexico judge to throw out the case after the firearm that killed cinematographer Halyna Hutchins on the “Rust” movie set in 2021 was damaged during forensic testing at an FBI lab.
The gun was central evidence to the case, John Bash, an attorney representing Baldwin, said during a motion hearing Monday. The government’s “outrageous” destruction of the firearm violated Baldwin’s rights and deprived Baldwin’s attorneys the chance to examine the gun in its original state and bring a proper defense, Bash said.
“We can never use our own expert to examine the original state of that firearm,” Bash said. “It’s not fair that a criminal defendant doesn’t get that opportunity.”
Prosecutors said the “gun was unfortunately damaged” during FBI testing but that the damage “does not deprive” Baldwin of a fair trial.
The ruling paves the way for jury selection in the case to begin in July.
Baldwin faces up to 18 months in prison if convicted. He has pleaded not guilty.
In a previous attempt to get the case thrown out, Baldwin’s defense team had argued that prosecutors failed to present critical evidence during a grand jury proceeding.
Hutchins was killed on the “Rust” movie set on Oct. 21, 2021 when the .45 Colt caliber prop revolver that Baldwin was holding discharged a live round of ammunition, fatally striking her. The bullet also injured director Joel Souza. Baldwin has maintained in interviews that the gun went off without him pulling the trigger.
In March, Hannah Gutierrez-Reed, the movie’s armorer, was convicted of involuntary manslaughter in connection with the cinematographer’s death.
