Judge rejects Alec Baldwin’s motion to dismiss ‘Rust’ shooting case over damaged firearm

A judge on Friday rejected Alec Baldwin’s latest attempt to dismiss his involuntary manslaughter case, allowing the actor’s trial over the fatal shooting of a “Rust” cinematographer to proceed in less than two weeks.

A judge on Friday rejected Alec Baldwin’s latest attempt to dismiss his involuntary manslaughter case, allowing the actor’s trial over the fatal shooting of a “Rust” cinematographer to proceed in less than two weeks.

Baldwin’s attorneys had asked a New Mexico judge to throw out the case after the firearm that killed cinematographer Halyna Hutchins on the “Rust” movie set in 2021 was damaged during forensic testing at an FBI lab.

Cinematographer Halyna Hutchins.Swen Studios via ReutersThe gun was central evidence to the case, John Bash, an attorney representing Baldwin, said during a motion hearing Monday. The government’s “outrageous” destruction of the firearm violated Baldwin’s rights and deprived Baldwin’s attorneys of the chance to examine the gun in its original state and bring a proper defense, Bash said.

“We can never use our own expert to examine the original state of that firearm,” Bash said. “It’s not fair that a criminal defendant doesn’t get that opportunity.”

Prosecutors said the “gun was unfortunately damaged” during FBI testing but that the damage “does not deprive” Baldwin of a fair trial.

https://www.nbcnews.com/news/us-news/judge-rejects-alec-baldwins-motion-dismiss-rust-shooting-case-damaged-rcna158824


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