On Thursday, Alec Baldwin’s attorney told a judge that his client “wants his day in court,” adding that the state had destroyed the gun used in the fatal “Rust” incident. In contrast, Heather Brewer, a spokeswoman for the New Mexico First Judicial District Attorney’s office, said that the firearm “has not been destroyed by the state.”
“The state has not destroyed the gun that Alec Baldwin used in the shooting that resulted in the death of Halyna Hutchins. The firearm is a piece of evidence that the defense can examine “According to Brewer.
“According to the defense’s surprise assertion in today’s status hearing, the state damaged the gun. This may be a reference to a remark in the FBI’s weapons testing report from July 2022, which states that the FBI’s functionality testing caused damage to the gun’s internal components. The pistol, however, remains and can be presented as proof.”
Prior to this, Baldwin had entered not guilty pleas to two counts of involuntary manslaughter in the shooting death of cameraman Halyna Hutchins. More than a year after the fatal shooting on the set of “Rust,” he was accused in January.
Thursday was the status hearing for Baldwin’s attorney Alex Spiro and Hannah Gutierrez-attorney Reed’s Jason Bowles. The actor’s attorney told the judge that Baldwin’s gun had been destroyed, but did not elaborate. The Santa Fe County Sheriff’s Office has submitted the weapon for analysis as part of the investigation.
“This is yet another misstep in a case that never should have been filed. It’s shocking that the government would destroy a firearm because, in the government’s mistaken view, it could be used to commit murder “His words. “There is no reason why Alec Baldwin shouldn’t be able to review this vital piece of evidence. It seems to have vanished, along with the evidence that inspired them to file criminal charges.”
Baldwin filed a move to disqualify the special prosecutor, and a hearing on the matter was set for March 27. Also, on May 3 a preliminary hearing will begin that the district attorney said will last two weeks. Before the preliminary hearing can begin, the prosecution must submit its list of witnesses by April 17.
According to court documents, Baldwin did not present at the hearing on Thursday and forfeited his right to make personal appearances at any future status hearings. The veteran actor had previously decided to skip his initial court appearance, so this change followed suit. Also, the defense disclosed that the prosecution will turn over discovery on Thursday. The probable cause statement against Baldwin was made public on January 31, in which the prosecution laid out the details of their case.
The district attorney alleged that Baldwin’s actions endangered others because he chose to bypass firearms trainings, did not hold safety meetings on set, and handled the pistol negligently.
Baldwin’s defense team and the district attorney are fighting to get the case’s special prosecutor removed. The actor’s legal team argued that having Rep. Angela Reeb serve as both a special prosecutor and a legislative member would set a dangerous precedent and corrupt the legislative process.
In a court document, the defendant’s attorney argued that Ms. Reeb’s attempts to use her position as a lawmaker to affect the outcome of the trial would be futile. Reeb’s participation in the prosecution was first deemed to be “unconstitutional” by Baldwin’s team. A judge earlier ruled in Baldwin’s favor, allowing the prosecution’s guns enhancement case against him to be dismissed. As the law was passed after the deadly shooting, the actor’s legal team argued adding the augmentation was unconstitutional.
