SANTA FE, N.M. — Defense attorneys for Alex Baldwin argued Monday that the loss during FBI testing of the revolver that killed a cinematographer on the set of the Western “Rust” has deprived them of the ability to mount a proper defense at the actor’s upcoming trial, and urged a New Mexico judge to dismiss the involuntary manslaughter charge against him.
“He understood this was potentially exculpatory evidence and he destroyed it anyway,” Baldwin’s attorney, John Bash, said during a virtual court hearing. “It’s outrageous and needs to be dismissed.”
Prosecutors argued it was “unfortunate” the gun broke into pieces during the trial, but Baldwin’s team still had enough evidence for the defense and had not met their burden to dismiss the case.
Judge Mary Marlowe Somers said she would rule on the motion to dismiss on Friday.
During the fatal rehearsal on October 21, 2021, Baldwin was pointing a gun at Halyna Hutchins on a movie-set ranch when the shot went off, killing her and wounding director Joel Souza, who survived.
Sheriff’s investigators initially sent the revolver to the FBI for DNA testing only, but after an FBI analyst heard Baldwin say in an ABC TV interview in December that he never pulled the trigger, the agency told local authorities they could conduct an accidental discharge test.
The FBI was asked to step in and test the revolver by hitting it with a rawhide hammer from several angles. One of the blows broke the gun into three pieces.
The FBI had made police and prosecutors aware that testing could cause significant damage to the gun, which was not tested by the defense, but officers tested it without bothering to take the gun apart and photograph its parts, destroying their most crucial evidence in the case, Baldwin’s lawyers argued.
“We could never use our expert to examine that firearm,” Bash said.
The prosecution argued that the gun was not destroyed, as the defense said.
“These parts are still available,” said Special Prosecutor Erlinda Johnson. “The fact that this gun was unfortunately damaged does not deprive the defendant of the ability to question the evidence.”
But Baldwin’s lawyers said damage to the top of the revolver’s hammer made the most crucial test impossible.
He argued that if Marlo Somer refused to dismiss the case, he should at least not allow any technical analysis of the gun to be presented at trial.
Baldwin’s lawyers subjected the lead detective, the FBI forensic firearms investigator and the prosecution’s independent gun expert to lengthy and intense cross-examination in what was likely a rehearsal for the high-profile trial where Baldwin, who did not attend the online hearing, will appear in person.
Special prosecutors prosecuting the case argued that cross-examination proved the defense had enough gun-related evidence to work at trial.
“They have other appropriate means available to them to make their case,” Johnson said.
He said all available evidence, from witness statements to film footage of Baldwin firing the gun, showed the gun was in good condition on the day of the shooting, and that police had no reason to believe its internal workings could provide exculpatory evidence.
Prosecutors plan to present evidence at trial showing the gun “could not fire without the trigger being pulled” and that it was functioning properly before the shooting.
Defense lawyers are highlighting a previously undisclosed expert analysis that underscores uncertainty about the origin of tool marks on the gun’s firing mechanism.
Baldwin has pleaded not guilty to a charge of involuntary manslaughter, which carries a maximum sentence of 18 months in prison.
Armorer Hannah Gutierrez-Reed was convicted of involuntary manslaughter in March for her role in the shooting and was sentenced to 18 months in prison.
On Friday, the judge denied prosecutors’ request to use immunity to subpoena testimony from Gutierrez-Reed at Baldwin’s trial. Her statements to investigators and workplace safety regulators are likely to figure prominently at Baldwin’s trial.
Last year, special prosecutors dismissed the involuntary manslaughter charge against Baldwin, saying they were told the gun had been modified before the shooting and was malfunctioning. But they changed their stance after receiving a new analysis of the gun and successfully pursued a grand jury indictment.
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