Baldwin Trial Now Imminent After Judge's Ruling

It's set to start in early July after judge denied actor's request to dismiss the case over damaged evidence
By Newser Editors and Wire Services
Posted Jun 29, 2024 8:30 AM CDT
Baldwin Trial Now Imminent After Judge's Ruling
Alec Baldwin emcees the Robert F. Kennedy Human Rights Ripple of Hope Award Gala at the New York Hilton Midtown on Dec. 9, 2021, in New York.   (Photo by Evan Agostini/Invision/AP, File)

A court ruling on Friday put an involuntary manslaughter case against Alec Baldwin on track for trial in early July as a judge denied a request to dismiss the case on complaints that key evidence was damaged by the FBI during forensic testing. Judge Mary Marlowe Sommer sided with prosecutors in rejecting a motion to dismiss the case, per the AP. Defense attorneys had argued that the gun in the fatal shooting 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 removes one of the last hurdles before prosecutors can bring the case to trial, with jury selection scheduled for July 9 in Santa Fe.

At trial, attorneys plan to call on witnesses from a court-approved list of more than 60 people. They include film director Joel Souza, who was wounded in the shooting; 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, Baldwin pointed a gun at cinematographer Halyna Hutchins when the revolver went off, killing her and injuring director Souza as the bullet became lodged in his shoulder. Baldwin has maintained that he pulled back the gun's hammer but not the trigger and has pleaded not guilty.

Sheriff's investigators initially sent the revolver to the FBI for routine testing, but when an FBI analyst heard Baldwin say in a TV interview that he never pulled the trigger, the agency told local authorities they could conduct an accidental discharge test, though it might damage the gun. The FBI was told by a team of investigators to go ahead, and it tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes fractured the gun's firing and safety mechanisms. Defense attorneys say that the "outrageous" decision to move forward with testing may have destroyed exculpatory evidence. Prosecutors said it was "unfortunate" the gun broke but that 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. More here.

(More Alec Baldwin stories.)

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