SANTA FE.- A court ruling issued on June 28 put a case of homicide involuntary against Alec Baldwin on track for trial in early July as a judge denied a request to dismiss the case over complaints that the FBI gave away key evidence during forensic testing.
Judge Mary Marlowe Sommer sided with prosecutors in denying a motion to dismiss the case.
Defense attorneys had argued that the gun in the fatal shooting was severely damaged by FBI forensic testing before it could be examined for possible modifications or problems that could exonerate the actor and producer. The ruling removes one of the last obstacles before prosecutors can take the case to trial.
During a rehearsal on the set of the western movie Rust In 2021, Baldwin pointed a gun at cinematographer Halyna Hutchins when the revolver discharged, killing her and wounding director Joel Souza. Baldwin has maintained that he pulled back the hammer of the gun but did not pull the trigger and has pleaded not guilty.
Two accusations against Alec Baldwin
The FBI performed an accidental discharge test on the gun by hitting it from various angles with a leather mallet, which ultimately broke the weapon. 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.
Baldwin has been charged twice in Hutchins’ death. Prosecutors dismissed an earlier charge and then re-indicted him after receiving a new analysis of the gun he pointed at Hutchins.
The weapons supervisor RustHannah Gutierrez-Reed, is serving an 18-month sentence for involuntary manslaughter in the fatal shooting, while she appeals the jury’s verdict.
Marlowe Sommer said that the destruction of the internal components of the firearm is not highly prejudicial to a fair trial.
“While Baldwin maintains that an unaltered firearm is critical to his case, other evidence relating to the functionality of the firearm on October 21, 2021 weighs against the defendant’s claims, the judge wrote.
FBI Analysis
Investigators initially sent the revolver to the FBI for a routine test, but when an FBI analyst heard Baldwin say in an interview with ABC TV that he never pulled the trigger, the agency told local authorities they could perform an accidental discharge test, even though it could damage the gun.
A team of investigators told the FBI to go ahead and test the revolver by hitting it from several angles with a leather mallet. One of those impacts fractured the gun’s trigger and safety mechanisms.
Defense attorneys say the outrageous decision to test the gun may have destroyed exculpatory evidence.
Prosecutors said it was unfortunate that the gun broke, but it was not destroyed and parts are still available. They say Baldwin’s attorneys still have the ability to defend their client and challenge the evidence against him.
Several hours of testimony about the gun and forensic evidence during preliminary hearings in recent days provided a dress rehearsal for Baldwin’s potential trial. Baldwin’s lawyers conducted long, in-depth questioning of the lead detective, an FBI forensic firearms investigator and the prosecutor’s independent weapons expert, Lucien Haag.
Prosecutors plan to present evidence they say shows the firearm could not have been fired without pulling the trigger and was functioning properly before the shooting.
Since the shooting of 2021, the filming of Rust was revived, but moved to Montana under an agreement with Hutchins’ husband, Matthew Hutchins, that made him executive producer. The complete film has not yet been released to the public.
FUENTE: AP
