Alec Baldwin denied motion to dismiss manslaughter charges in actor's latest effort in 'Rust' case

A judge decided not to dismiss involuntary manslaughter charges against Alec Baldwin in a ruling filed Friday.

Judge Mary Marlowe Sommer denied another attempt by the “30 Rock” actor to get out of the charges that could land him behind bars for up to 18 months, according to court documents obtained by Fox News Digital.

Baldwin was charged with manslaughter in connection with the death of Halyna Hutchins. The cinematographer died on October 21, 2021 after a gun Baldwin was holding was discharged on the set of “Rust.”

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Sommer heard arguments from Baldwin's legal team that his charges should be dropped due to the destruction of evidence during a hearing that lasted two days.

The replica Colt Pietta .45 revolver used in the shooting was destroyed during FBI testing at the request of the prosecution. The prosecution's “intentional” destruction of the weapon prevents Baldwin from receiving a fair trial, according to court documents.

“Simply put, there is no way to undo what the government did,” his lawyers wrote in court documents obtained by Fox News Digital. “While Baldwin’s attorneys could do their best to persuade a jury that the defects or alterations to the trigger and hammer notches, including the virtually nonexistent notch on the full cocking, predated the FBI’s testing, Baldwin has forever lost the opportunity to probe that fact beyond doubt, because the government failed to even take the basic step of documenting the condition of the firearm’s internal components before destroying it.”

“And Baldwin's attorney will never be able to test the firearm in its original condition to determine whether pulling the hammer would have resulted in a discharge.”

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The Emmy Award-winning actor filed a fifth motion to have the manslaughter charges dropped while his legal team finished arguments at hearings June 21 and 24.

His attorneys sought an order dismissing the indictment with prejudice in an expedited motion for relief. They argued that the State violated its discovery obligations by not immediately disclosing “critical evidence” deemed favorable to Baldwin's defense, which “fundamentally reshapes how Baldwin would have prepared for trial.”

“The States’ strategy of conducting trials by ambush is extremely damaging and abhorred by the courts,” the documents read. “The reason is obvious: Baldwin has had to devote significant time and resources to simply pursuing the growing list of undisclosed documents that continue to emerge from the underground, not to mention the time it takes to review the more than 150,000 pages of documents and countless hours of audio and video recordings that were turned over to Baldwin just weeks before trial.”

His team continued: “Baldwin deserves to be treated like any other criminal defendant, and federal and state law points in one direction: dismissal.”

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All of Baldwin's previous attempts to have the charges dropped have been rejected. Judge Sommer found that the prosecution's grand jury proceedings were not prejudicial to Baldwin.

The judge also rejected the defense's argument that the prosecution had failed to demonstrate that the 66-year-old actor had even committed a crime. His lawyers stressed that the prosecution had admitted that “the prospect of the presence of live ammunition” on the set of “Rust” was “incomprehensible”. Additionally, the record indicated that it was the responsibility of the gunsmith to ensure that the weapon did not contain live ammunition.

“Having no idea that the firearm could contain live ammunition, Baldwin had no reason to believe that his handling of the firearms could result in death, much less that his alleged actions posed a substantial risk to Hutchins. »

However, the judge sided with the state.

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At the June 21 hearing, Judge Sommer also ruled that the state could not compel gunsmith “Rust” Hannah Gutierrez Reed to testify at Baldwin's upcoming trial. However, Gutierrez Reed's testimony during his own nearly two-week trial will likely be used in the prosecution's case against the actor.

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Gutierrez Reed was convicted of involuntary manslaughter in March after a jury found that gunsmith “Rust” was responsible for the gun that fired a live round on the set of the western that killed Hutchins. She was sentenced to a maximum of 18 years in prison and is currently appealing her conviction.

Gutierrez Reed was also found not guilty of falsification of evidencea charge she received in 2023 after investigators accused her of smuggling a bag of cocaine on the day of the fatal shooting.