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Baldwin Set Shooting
FILE - Alec Baldwin emcees the Robert F. Kennedy Human Rights Ripple of Hope Award Gala at New York Hilton Midtown on Dec. 9, 2021, in New York. A New Mexico judge is scheduled to consider at a Friday, June 21, 2024, hearing, whether to compel a movie set armorer to testify at actor Baldwin's involuntary manslaughter trial for the fatal shooting of a cinematographer during rehearsal for the Western movie “Rust.” (Photo by Evan Agostini/Invision/AP, File)

Alec Baldwin attorneys argue damage to gun during testing was unacceptable destruction of evidence

Defense attorneys for Alec Baldwin say the involuntary manslaughter charge against him in the 2021 death of a cinematographer on a movie set should be thrown out because the gun was damaged during FBI testing

By Ap News
Published - Jun 25, 2024, 12:57 AM ET
Last Updated - Jun 25, 2024, 12:57 AM EDT

SANTA FE, N.M. (AP) — Alec Baldwin's defense attorneys argued Monday that damage done during FBI testing to a revolver that killed a cinematographer on the set of the Western “Rust” has stripped them of the ability to put on a proper defense at the actor's forthcoming trial, and asked a New Mexico judge to dismiss the involuntary manslaughter charge against him.

"They understood that this was potentially exculpatory evidence and they destroyed it anyway," Baldwin lawyer John Bash said during a virtual court hearing. “It’s outrageous and it requires dismissal.”

Prosecutors argued that the gun breaking into pieces during testing was “unfortunate” but that Baldwin's team still has plenty of evidence for a defense and did not meet their burden for having the case thrown out.

Judge Mary Marlowe Sommer said she expects to issue a ruling on the motion to dismiss on Friday.

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