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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)

Judge to weigh request to dismiss Alec Baldwin shooting case for damage to evidence during testing

A New Mexico judge plans to rule on a request to dismiss the sole charge against Alec Baldwin in the fatal shooting of a cinematographer over concerns the FBI damaged the relevant firearm during forensic testing before defense attorneys could examine it

By Ap News
Published - Jun 28, 2024, 12:05 AM ET
Last Updated - Jun 28, 2024, 12:05 AM EDT

SANTA FE, N.M. (AP) — A New Mexico judge plans to rule Friday on a request to dismiss the sole charge against Alec Baldwin in the fatal shooting of a cinematographer over concerns the FBI damaged the firearm during forensic testing before defense attorneys could examine it.

Defense attorneys for Alec Baldwin have asked Judge Mary Marlowe Sommer to scuttle the case against Baldwin ahead of what would be a high-profile trial starting in July.

Baldwin's legal team has requested that, if the trial moves forward, the judge should at least prohibit presentation of an analysis of the gun using replacement parts by a firearms expert for the prosecution. They say investigators may have destroyed potentially exculpatory evidence while testing whether the gun might accidentally discharge without a pull of the trigger.

During a film-set rehearsal on Oct. 21, 2021, Baldwin was pointing the gun at Halyna Hutchins when it went off, killing her and wounding director Joel Souza, who survived.

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