Alec Baldwin case is back. Actor’s lawyer asks court to dismiss charges

The tragedy occurred on October 21, 2021, during the recording of a scene for the film Rust. Alec Baldwin was pointing a revolver at the operator, Halina Hutchins, when the gun went off. As a result, the cameraman died and the director Joel Souza was injured. The actor claimed that he pulled the trigger of the gun, but did not pull the trigger. He pleaded not guilty to the charge of unintentional homicide.

The gun used in the shooting was severely damaged during an FBI forensic examination before it could be examined for possible modifications to clear the actor of wrongdoing, according to defense attorneys. A judge is scheduled to hear their arguments Monday. Baldwin’s trial is scheduled for next month.

Baldwin’s attorneys said the “most important piece of evidence in this case” — a revolver — was removed with a hammer and destroyed as part of a forensic analysis.

Prosecutors plan to present evidence in court that the gun “cannot fire without the trigger being pulled” and was functioning normally before the shooting.

In March, prop gun maker Hannah Gutierrez-Reed was sentenced to 18 months in prison for negligence. During her trial, an FBI expert testified that the gun was fully functional and had safety features when it was brought to the FBI lab. As the expert explained, he had to hit the gun with a hammer and break it in order for the weapon to fire without pulling the trigger.

The Associated Press noted that on Friday, a judge rejected prosecutors’ request for immunity for Gutierrez-Reed to testify in Baldwin’s trial. Her statements to investigators and workplace safety officials could play an important role in Baldwin’s trial. The judge ruled that if Gutierrez-Reed does not testify, other witnesses can fill in most of the gaps.

Judge Marlo Sommer also denied a request by defense attorneys to stop the trial because they argued Baldwin had no reason to believe the gun might contain live ammunition and was unaware of that risk.