Alec Baldwin's Attorneys Ask New Mexico Judge To Dismiss The Case Against Him Over Firearm Evidence

Defense attorneys for Alec Baldwin are seeking to scuttle an involuntary manslaughter trial against the actor-producer in the fatal shooting of a cinematographer during rehearsal for the Western movie “Rust.”

Baldwin’s lawyers argue in a motion seeking to dismiss the charge that the firearm in the shooting was heavily damaged by FBI forensic testing before it could be examined for possible modifications that might exonerate the actor.

New Mexico Judge Mary Marlowe Sommer is scheduled to hear arguments Monday. Baldwin’s trial is scheduled to begin next month.

Baldwin’s attorneys contend that authorities took what they described as the most critical evidence in the case — the firearm — and destroyed it by striking it with a mallet as part of a forensic analysis.

During the fatal rehearsal on Oct. 21, 2021, Baldwin was pointing the gun at Halyna Hutchins on a movie-set ranch when it went off, killing her and wounding director Joel Souza, who survived. Baldwin says he pulled back the gun’s hammer but did not pull the trigger.

Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.