An involuntary manslaughter case against Alec Baldwin is on track for trial in early July as a judge denied a request to dismiss the case.
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Defence attorneys had argued that the gun in the fatal shooting on a film set was heavily damaged during FBI forensic testing before it could be examined for possible modifications or problems that might exonerate the actor-producer.
The ruling by Judge Mary Marlowe Sommer removes one of the last hurdles before prosecutors can bring the case to trail with jury selection scheduled for July 9 in Santa Fe.
Attorneys plan to call on testimony from a selection of more than 60 court-approved witnesses. They include film director Joel Souza, who was wounded in the shooting as well as assistant director Dave Halls, who earlier pleaded no contest to negligent use of a deadly weapon, and an array of first responders, investigators, firearms experts and close-range witnesses to the shooting.
Baldwin isn't listed but has the right to testify at his own trial.
During a rehearsal on the set of the western film Rust in 2021, a gun Baldwin pointed at cinematographer Halyna Hutchins went off, killing her and injuring director Souza as the bullet became lodged in his shoulder. Baldwin has maintained he pulled back the gun's hammer but not the trigger and has pleaded not guilty.
The FBI conducted an accidental discharge test on the gun by striking it from several angles with a rawhide mallet, eventually breaking the gun. Prosecutors plan to present evidence at trial that they say shows the firearm "could not have fired absent a pull of the trigger" and was working properly before the shooting.
Baldwin has twice been charged in Hutchins' death. Prosecutors dismissed an earlier charge, then refiled it after receiving a new analysis of the revolver that Baldwin pointed at Hutchins.
Rust armourer Hannah Gutierrez-Reed is serving an 18 month sentence on a conviction for involuntary manslaughter in the fatal shooting, as she appeals the jury verdict.
Marlowe Sommer said that destruction of internal components of the firearm "is not highly prejudicial" to a fair trial and that Baldwin's legal team failed to demonstrate bad faith by investigators.
Defence attorneys say the "outrageous" decision to move forward with testing may have destroyed exculpatory evidence.
Prosecutors said it was "unfortunate" the gun broke, but it wasn't destroyed and the parts are still available. They say Baldwin's attorneys still have the ability to defend their client and question the evidence against him.
In Friday's ruling, the judge said prosecutors will have to fully disclose at trial the destructive nature of the FBI forensic testing on the gun, including what was lost in the process and its relevance in reaching a verdict.
Several hours of testimony about the gun and forensic testing during online hearings in recent days provided a dress rehearsal for the possible trial against Baldwin. Attorneys for Baldwin gave long and probing cross-examinations of the lead detective, an FBI forensic firearm investigator and the prosecution's independent gun expert, Lucien Haag.
Since the 2021 shooting, the filming of Rust resumed but moved to Montana under an agreement with Hutchins' husband, Matthew Hutchins, which made him an executive producer. The completed movie has not yet been released for public viewing.
Australian Associated Press
