SANTA FE, NEW MEXICO.- Los lawyers defenders of Alec Baldwin They try to dismiss a lawsuit for homicide involuntary against the actor and producer for the fatal shooting of a cinematographer during a rehearsal for the western film Rust.
The attorneys argue – in a motion seeking to dismiss the charge against the actor – that the firearm involved in the shooting was heavily damaged by FBI forensic testing before it could be examined for possible modifications that could exonerate the suspect. actor.
New Mexico Judge Mary Marlowe Sommer is scheduled to hear arguments on July 1. Baldwin’s trial is scheduled to begin next month.
Baldwin’s lawyers maintain that authorities took what they described as the most critical evidence in the case, the firearm, and destroyed it by hitting it with a sledgehammer as part of a forensic analysis.
Alec Baldwin points gun at Halyna Hutchins
During the fatal rehearsal on October 21, 2021, Baldwin was pointing the gun at Halyna Hutchins in a ranch on the film set when he shot himself, killing her and wounding director Joel Souza, who survived. Baldwin says he retracted the hammer of the gun, but did not pull the trigger.
Prosecutors plan to present evidence at trial that they say shows the firearm could not have been fired without pulling the trigger and that it was functioning properly before the shooting.
Defense attorneys highlight a previously undisclosed expert analysis that describes uncertainty about the origin of tool marks on the gun’s firing mechanism.
Baldwin pleaded not guilty to the charge of involuntary manslaughter, which carries a maximum sentence of 18 months in prison.
Weapons supervisor found guilty of involuntary manslaughter
Weapons Supervisor Hannah Gutierrez-Reed was convicted in March of involuntary manslaughter for her role in the shooting and was sentenced to 18 months in prison. During the trial, an FBI expert testified that the weapon was fully functional with safety features when it arrived at an FBI laboratory. The expert said he had to hit the fully cocked gun with a mallet and break it in order for the gun to fire without pulling the trigger.
On Friday, the judge rejected prosecutors’ request to use immunity to force Gutirrez-Reed to testify at Baldwin’s trial. Her statements to investigators and workplace safety regulators are likely to feature prominently in Baldwin’s trial.
Additional testimony could be limited by the gunsmith’s reluctance to testify, and the judge said June 21 that other witnesses can fill most of the gaps if Gutirrez-Reed does not testify.
Also during Friday’s hearing, Marlowe Sommer ruled against a request by defense attorneys to dismiss the trial because they said Baldwin had no reason to believe the gun could contain live ammunition and was not subjectively aware of the risks.
Last year, special prosecutors dismissed a manslaughter charge against Baldwin, arguing that they were told the gun may have been modified before the shooting and was malfunctioning. But they changed their minds after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
FUENTE: AP
