Judge Again Refuses To Dismiss Alec Baldwin Indictment

Alec Baldwin filed a motion on Friday to have his indictment dismissed before his criminal trial, which is set to begin next month, but the judge in New Mexico refused the motion.

Baldwin’s team had requested the court to dismiss the case, arguing that the defense could not attempt to replicate the examination because the gun used in the shooting death of cinematographer Halyna Hutchins was destroyed during FBI forensic testing.

Baldwin | Deadline Image

Judge Again Refuses To Dismiss Alec Baldwin Indictment

CNN has contacted Baldwin’s attorneys to inquire about their thoughts on the judge’s decision.

Baldwin’s team submitted a second move on Monday to have the indictment dismissed on the grounds that the prosecution neglected to provide evidence as needed by the court. The state’s attorneys refuted these claims in a late-Thursday filing. Before the trial begins, the court has not said whether or not to grant the new motion.

Judge Mary Marlowe Sommer turned down an earlier move by the actor’s camp to dismiss the lawsuit last week. Baldwin’s attorneys have maintained that Hutchins’ gunshot death on the “Rust” set in October 2021 was an accident and that Baldwin was not responsible for any illegal activity.

Attorneys representing Hannah Gutierrez Reed, the armorer from the movie “Rust,” who was sentenced in relation to the deadly on-set shooting in 2021, claimed in a court filing on Thursday that the prosecution had concealed evidence that would have supported the defendant in her manslaughter trial and asked that she be released from prison, according to Reuters.

Baldwin | Rolling Stone Image

Judge Again Refuses To Dismiss Alec Baldwin Indictment

After becoming the first to go to trial in the case—which has garnered national attention for more than two years—Gutierrez Reed was found guilty. Earlier this year, a New Mexico judge found her guilty of involuntary manslaughter in connection with the on-set shooting, and she was given the maximum penalty of 18 months in prison.

Gutierrez Reed was in charge of gun storage and safety on set as the armorer.

Prosecutors possessed a report from their own weapons specialists, which was leaked to Reuters, stating that the rifle used in the “Rust” set had “unexplained toolmarks on critical surfaces of the trigger and sear.” As per Reuters, Gutierrez’s lawyer, Jason Bowles, stated that there is proof that the gun might have malfunctioned and prevented her from being convicted.

Prosecutors contended during the trial that Hutchins’ death resulted from her frequent disregard for safety procedures and carelessness in carrying out her duties. Her defense lawyer claimed that she had been unfairly blamed for other crew members and the film set management’s safety lapses. Gutierrez Reed refrained from testifying.

She had been given the maximum prison sentence at the request of the prosecution, who cited her “complete and total failure to accept responsibility for her actions.” On the other hand, the defense had requested that she be placed on probation, claiming that she had a “record of prior good works and positive things” and no criminal history.

CNN has contacted the lawyers of Gutierrez Reed to inquire about their thoughts on the Reuters article.

Baldwin makes an attempt to drop the case.
Baldwin’s legal team argued that the prosecution requested a testing technique that may damage the handgun in bad faith, and the prosecution and defense team engaged in a heated exchange at the hearing on Monday. Before the tests, the defense team should have been responsible for explaining to the court how important the pistol was to their case, according to the special prosecutors.

Baldwin | Rolling Stone Image

Judge Again Refuses To Dismiss Alec Baldwin Indictment

The judge cautioned both parties to keep getting ready for the beginning of the trial process the following month, warning the lawyers, “Do not think that means stop working for trial.”

The actor’s second attempt to get the case dismissed was unsuccessful last week. Baldwin’s legal team contended that Baldwin was “not criminally liable” and that the gunshot was an accident. Kari Morrissey, the prosecutor, retorted that Baldwin has prior experience in the film industry.

“Mr. Baldwin was aware that he was holding a real gun.” Specifically, Mr. Baldwin requested the largest rifle that was on hand. Morrissey stated, “Mr. Baldwin knew and understood that dummy rounds look exactly like live ammunition.”

That Baldwin motion was refused by Judge Mary Marlowe Sommer. July is when his trial is scheduled to start.

SOURCE – ( CNN)