Alec Baldwin’s case goes to trial in July as the judge…

A court ruling Friday set the involuntary manslaughter case against Alec Baldwin for an early July trial after a judge denied a motion to dismiss the case over allegations that the FBI damaged key evidence during forensic examinations.

Judge Mary Marlowe Sommer sided with prosecutors in denying a motion to dismiss the 66-year-old Baldwin’s case — after denying a previous motion last month in May.

Defense attorneys argued that the gun used in the fatal shooting was severely damaged during FBI forensic examination before it could be examined for possible modifications or problems that could exonerate the actor-producer.

The ruling clears one of the final hurdles before prosecutors can take the case to trial, with jury selection scheduled for July 9 in Santa Fe.

Defense attorneys plan to call testimony from more than 60 court-approved witnesses at the hearing.

They include director Joel Souza, who was injured in the shooting, as well as assistant director Dave Halls.

Halls had previously not objected to the negligent use of a deadly weapon, nor had a group of first responders, investigators, firearms experts and witnesses to the close-range shooting. Baldwin is not on the list, but he has the right to testify at his own trial.

While rehearsing on the set of the 2021 western Rust, Baldwin pointed a gun at cinematographer Halyna Hutchins when the revolver discharged, killing her and wounding director Souza, as the bullet lodged in his arm.

Baldwin claimed he pulled back the hammer of the gun but not the trigger, and pleaded not guilty.

The FBI conducted an accidental discharge test on the gun by hitting it with a rawhide hammer from several angles, which ultimately resulted in the gun breaking.

Prosecutors plan to present evidence at trial that they say shows the gun “could not have discharged without pulling the trigger” and was functioning properly before the shot was fired.

Baldwin was charged twice in Hutchins’ death. Prosecutors dismissed the earlier charge, then re-charged it after receiving new analysis of the gun Baldwin pointed at Hutchins.

Rust armorer Hannah Gutierrez-Reed is serving an 18-month manslaughter conviction in a fatal shooting as she appeals the jury’s verdict.

It is likely that prosecutors will call her to testify at Baldwin’s trial, even though she refused to answer questions during a pretrial hearing and instead invoked her constitutional right against self-incrimination under the Fifth Amendment.

The judge rejected a request to compel her testimony by granting her immunity.

Marlowe Sommer concluded that the destruction of the gun’s internal components “does not significantly prejudice” a fair trial and that Baldwin’s legal team failed to demonstrate bad faith among investigators.

Although Baldwin “maintains that the unaltered firearm is central to his case, other evidence regarding the functionality of the firearm on October 21, 2021 contradicts defendant’s contention,” the judge wrote.

Sheriff’s investigators initially sent the revolver to the FBI for routine testing, but when an FBI analyst heard Baldwin say in an ABC interview that he never pulled the trigger, the agency told local authorities they could conduct an accidental discharge test, even though it could cause weapon damage. weapon.

The team of investigators ordered the FBI to proceed and tested the revolver by hitting it with a rawhide hammer from various angles. One of these impacts broke the weapon’s firing and safety mechanisms.

Defense attorneys say the “outrageous” decision to continue testing could have destroyed exculpatory evidence.

Prosecutors said it was “unfortunate” that the gun broke but was not destroyed and parts were still available.

They say Baldwin’s lawyers are still able to defend their client and dispute the evidence against him.

In Friday’s ruling, the judge said prosecutors will have to disclose at trial the full nature of the FBI’s forensic examination of the gun, including what was lost during the examination, and its significance to the verdict.

Hours of testimony about the weapons and forensic examinations during online hearings in recent days have been a dress rehearsal for a possible trial against Baldwin.

Baldwin’s attorneys conducted lengthy and insightful cross-examination of the lead detective, the FBI’s firearms expert, and the prosecution’s independent firearms expert, Lucien Haag.

Prosecutors plan to present evidence they say shows the firearm “could not have discharged without the trigger being pulled” and was functioning properly before the shooting.

After the 2021 shoot, Rust resumed filming, but in an agreement with Hutchins’ husband, Matthew Hutchins, it was moved to Montana, where he became an executive producer.

The finished film has not yet been released for public viewing.