Judge Again Refuses to Dismiss Alec Baldwin’s Indictment – ​​FBC News

A judge in New Mexico denied Alec Baldwin’s latest motion to dismiss the indictment before his criminal trial is scheduled to begin next month.

Baldwin’s team asked the court to dismiss the case, arguing that because the gun used in the shooting that killed cinematographer Halyna Hutchins was destroyed during forensic examination by the FBI, the defense could not attempt to reconstruct the interrogation.

CNN has reached out to Baldwin’s lawyers for comment on the judge’s decision.

Baldwin’s team filed a separate motion to dismiss the indictment on Monday, alleging that prosecutors failed to properly turn over evidence required by judicial procedure – an allegation that prosecution lawyers rejected in their own motion filed late Thursday.

The judge did not indicate whether she would consider the new motion before the hearing begins.

Last week, Judge Mary Marlowe Sommer denied an earlier request by the actor’s team to dismiss the case.

Baldwin’s lawyers argued Hutchins’ shooting death on the movie set “Rust” in October 2021 was an accident and Baldwin was not criminally liable.

Reed asks to be released from prison

Meanwhile, lawyers for Hannah Gutierrez Reed, the film’s armorer “Rust” convicted in connection with a fatal shooting on set in 2021, said in a court filing on Thursday that prosecutors withheld evidence that would have favored the defendant during her murder trial and demanded her release from prison, Reuters reported.

Gutierrez Reed became the first person to stand trial and be convicted in the case, which has captured national attention for more than two years.

Earlier this year, she was found guilty of involuntary manslaughter in connection with the shooting on the movie set and sentenced by a New Mexico judge to 18 months in prison, the maximum sentence possible.

As armorer, Gutierrez Reed was responsible for the security and storage of firearms on set.

According to information obtained by Reuters, prosecutors received a report from their own weapons experts, which showed that a weapon was used “Rust” the set had “unexplained tool marks on critical surfaces of the trigger and trigger.”

According to Reuters, Gutierrez’s attorney, Jason Bowles, said this was evidence that the gun could have discharged accidentally, which could have led to her acquittal in the case.

At trial, prosecutors argued that she repeatedly violated safety rules and acted carelessly in the performance of her duties, which led to Hutchins’ death. Her defense argued that she was made a scapegoat for safety failures by the set management and other crew members. Gutierrez Reed did not testify.

Prosecutors demanded that she be sentenced to the maximum prison sentence, citing “a complete and utter inability to accept responsibility for one’s actions.”

However, the defense requested her parole, arguing that she had no previous criminal history and “a record of previous good deeds and positive things.”

CNN has asked Gutierrez Reed’s lawyers for comment on the Reuters report.

Baldwin tries to get the case dismissed
Prosecutors and Baldwin’s lawyers held a hearing Monday, with the actor’s team arguing that prosecutors acted in bad faith by ordering a test that could have destroyed the firearm.

Special prosecutors insisted the defense team should have the burden of presenting the firearms case before the tests.

The judge urged both sides to continue preparing for the start of court proceedings next month, telling lawyers: “Don’t think that means you have to stop working for the sake of the trial.”

Last week, the actor lost a separate motion to dismiss the case.

His legal team argued that the shooting was an accident and Baldwin was “not criminally liable.” Prosecutor Kari Morrissey responded that Baldwin had experience in the film industry.

“Mr. Baldwin knew he had a real gun in his hand. Mr. Baldwin specifically requested the largest gun available. Mr. Baldwin knew and understood that fake ammunition looked exactly like live ammunition” Morrissey said.

Judge Mary Marlowe Sommer denied Baldwin’s motion.

His trial is scheduled to begin in July.