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Alec Baldwin’s Attorneys Request New Mexico Judge To Drop Charges Against Him Related To Firearm Evidence

Ponca Post Team by Ponca Post Team
June 25, 2024
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Alec Baldwin’s defense attorneys are currently attempting to prevent an involuntary manslaughter trial for the actor-producer in relation to the tragic death of a cinematographer during rehearsal for the film “Rust.” The incident occurred in Santa Fe, New Mexico.

In a motion seeking to dismiss the charge, Baldwin’s lawyers are arguing that the firearm used in the shooting underwent heavy damage due to FBI forensic testing before it could be examined for any possible modifications that could clear the actor’s name.

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Judge Mary Marlowe Sommer of New Mexico is set to consider arguments on Monday, prior to the scheduled start of Baldwin’s trial next month.

According to Baldwin’s attorneys, the firearm that was deemed as the most crucial evidence in the case was destroyed by authorities during a forensic analysis. They claim that it was struck with a mallet, leading to its destruction.

During the trial, prosecutors intend to showcase evidence that indicates the firearm was in proper working order before the shooting and that it would have required a trigger pull to discharge.

The defense team is drawing attention to a recent expert analysis that sheds doubt on the source of the toolmarks found on the gun’s firing mechanism. This analysis was not previously disclosed and has become a crucial part of the case.

Baldwin maintains his innocence and has pleaded not guilty to the charge of involuntary manslaughter. If convicted, he could face a maximum sentence of 18 months imprisonment.

In March, Hannah Gutierrez-Reed, an armorer, was found guilty of involuntary manslaughter for her involvement in the shooting incident and was handed an 18-month prison sentence. As part of the trial, an FBI expert gave testimony confirming that the gun was delivered to the FBI laboratory in a fully functional state, complete with safety features. The expert also stated that in order for the gun to discharge without the trigger being depressed, it had to be struck with a mallet and broken while fully cocked.

The request to use immunity to compel testimony from Gutierrez-Reed at Baldwin’s trial was denied by the judge on Friday. As a result, her statements to investigators and workplace safety regulators are expected to play a significant role in Baldwin’s trial.

The armorer’s hesitation to testify may restrict additional testimony, but the judge stated that other witnesses can provide sufficient information if Gutierrez-Reed decides not to testify.

At the hearing on Friday, the defense attorneys made a request to dismiss the trial, arguing that Baldwin had no reason to believe that the gun could potentially contain live ammunition and therefore was not aware of the risks. However, Marlowe Sommer ruled against this request.

Involuntary manslaughter charge against Baldwin was dismissed by special prosecutors last year. They had been informed that the gun used in the shooting might have been modified, causing it to malfunction. However, they later changed their stance after receiving a new analysis of the firearm and managed to secure a grand jury indictment against him.

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