{"id":2285851,"date":"2024-06-29T13:43:02","date_gmt":"2024-06-29T17:43:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/alec-baldwins-case-on-track-for-trial-in-july-as-judge-denies-request-to-dismiss-washington-examiner\/"},"modified":"2024-06-29T13:46:16","modified_gmt":"2024-06-29T17:46:16","slug":"alec-baldwins-case-on-track-for-trial-in-july-as-judge-denies-request-to-dismiss-washington-examiner","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/alec-baldwins-case-on-track-for-trial-in-july-as-judge-denies-request-to-dismiss-washington-examiner\/","title":{"rendered":"Alec Baldwin\u2019s case on track for trial in July as judge denies request to dismiss &#8211; Washington Examiner"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">36<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Falec-baldwins-case-on-track-for-trial-in-july-as-judge-denies-request-to-dismiss-washington-examiner%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2285851&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>A \u2062New\u200c Mexico court has scheduled a trial for \u2064Alec Baldwin on\u200d charges of involuntary manslaughter in connection to a 2021 shooting \u2062on the set\u200d of the \u200bfilm &#8220;Rust,&#8221; \u200bduring \u200cwhich cinematographer Halyna Hutchins was killed and director Joel Souza \u200cwas injured. The trial \u200cis \u200bset to begin with jury selection on\u200c July 9.<\/p>\n<p>The decision to proceed to trial \u2062was made after Judge\u200d Mary Marlowe Sommer rejected Baldwin&#8217;s defense motion to dismiss the case \u2063due\u2064 to damage to the\u200c gun during FBI forensic \u200ctesting. Baldwin&#8217;s \u200cdefense argued that the \u2063gun was damaged before it could be examined for defects that might have\u2063 exonerated Baldwin, but the judge found this did not prevent a fair trial.<\/p>\n<p>The incident occurred \u2064when Baldwin handled\u2063 a revolver during a rehearsal \u200band it discharged, resulting in Hutchins&#8217; \u2064death. Baldwin \u200bhas \u2063claimed that he did \u200cnot pull the \u2062trigger but only \u200cpulled \u2062back the hammer. The prosecutors contend \u2064that \u200cthe firearm was functional \u200dand could not have fired without the trigger being pulled, \u200dciting\u2062 FBI\u200c testing where the gun\u2063 only discharged after \u2063deliberately \u2064being struck\u2063 with a mallet.<\/p>\n<p>The trial will feature a list \u200bof more \u200cthan 60 potential witnesses, including wounded director Joel\u2064 Souza, assistant director Dave Halls\u2014who has already pleaded \u2064no contest to negligent use\u200c of\u200b a deadly weapon\u2014and Rust armorer\u2064 Hannah Gutierrez-Reed, who is currently appealing an <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/from-an-ohio-jail-cell-an-illegal-alien-used-a-smuggled-cell-phone-to-run-nationwide-drug-trafficking-operation\/\" title=\"From An Ohio Jail Cell, An Illegal Alien Used A Smuggled Cell Phone To Run Nationwide Drug Trafficking Operation\">18-month prison sentence<\/a> for involuntary manslaughter in connection to the\u200b incident.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p><strong>SANTA FE, N.M. (AP) &mdash;<\/strong> A court ruling on Friday put an involuntary manslaughter case against <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/Alec-Baldwin\/\" target=\"_blank\" rel=\"noopener\" title>Alec Baldwin<\/a> on track for trial in early July as a <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/judge\/\" target=\"_blank\" rel=\"noopener\" title>judge<\/a> denied a request to dismiss the case on complaints that key evidence was damaged by the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/FBI\/\" target=\"_blank\" rel=\"noopener\" title>FBI<\/a> during <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/ca-gov-newsom-orders-independent-probe-in-case-of-death-row-inmate-who-claims-cops-framed-him\/\" title=\"CA Gov. Newsom Orders Independent Probe In Case Of Death Row Inmate Who Claims Cops Framed Him\">forensic testing<\/a>.<\/p>\n<p>Judge Mary Marlowe Sommer sided with prosecutors in rejecting a motion to dismiss the case.<\/p>\n<p>Defense attorneys had argued that the gun in <a href=\"https:\/\/www.washingtonexaminer.com\/news\/2886154\/alec-baldwin-trial-date-set-for-this-summer\/\" target=\"_blank\" rel=\"noopener\" title>the fatal shooting<\/a> was heavily damaged during FBI forensic testing before it could be examined for possible modifications or problems that might exonerate the actor-producer.<\/p>\n<p>The ruling removes one of the last hurdles before prosecutors can bring the case to trial with jury selection scheduled for July 9 in Santa Fe.<\/p>\n<p>At trial, attorneys plan to call on witnesses from a court-approved list of more than 60 people. They include film director Joel Souza, who was wounded in the shooting as well as assistant director Dave Halls, who earlier pleaded no contest to negligent use of a deadly weapon, and an array of first responders, investigators, firearms experts and close-range witnesses to the shooting.<\/p>\n<p>Baldwin isn&rsquo;t listed but has the right to testify at his own trial.<\/p>\n<p>During a rehearsal on the set of the Western film <em>Rust<\/em> in 2021, Baldwin pointed a gun&nbsp;<a href=\"https:\/\/apnews.com\/article\/alec-baldwin-rust-shooting-movie-things-to-know-6c08979ccc0067660831ba66602334fd\" target=\"_blank\" rel=\"noopener\" title>at cinematographer Halyna Hutchins<\/a>&nbsp;when the revolver went off, killing her and injuring director Souza as the bullet became lodged in his shoulder. Baldwin has maintained that he pulled back the gun&rsquo;s hammer but not the trigger and has pleaded not guilty.<\/p>\n<p>The FBI conducted an <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/fbi-forensic-report-says-rust-gun-could-not-have-fired-without-someone-pulling-trigger\/\" title=\"FBI Forensic Report Says \u201cRust\u201d Gun Could Not Have Fired Without Someone Pulling Trigger\">accidental discharge test<\/a> on the gun by striking it from several angles with a rawhide mallet, eventually breaking the gun. Prosecutors plan to present evidence at trial that they say shows the firearm &ldquo;could not have fired absent a pull of the trigger&rdquo; and was working properly before the shooting.<\/p>\n<p>Baldwin has twice been charged in Hutchins&rsquo; death. Prosecutors dismissed an earlier charge, then refiled it after receiving a new analysis of the revolver that Baldwin pointed&nbsp;<a href=\"https:\/\/apnews.com\/article\/alec-baldwin-rust-shooting-movie-things-to-know-6c08979ccc0067660831ba66602334fd\" target=\"_blank\" rel=\"noopener\" title>at Hutchins<\/a>.<\/p>\n<p><em>Rust<\/em> armorer Hannah Gutierrez-Reed is serving an 18-month sentence on a conviction for involuntary manslaughter in the fatal shooting as she appeals the jury verdict. It&rsquo;s likely the prosecutors will call her to testify at Baldwin&rsquo;s trial, despite her refusal to answer questions at a pretrial interview and instead invoke her constitutional rights against self-incrimination under the Fifth Amendment. A judge refused a request to compel her testimony by providing immunity.<\/p>\n<p>Marlowe Sommer said that destruction of internal components of the firearm &ldquo;is not highly prejudicial&rdquo; to a fair trial and that Baldwin&rsquo;s legal team failed to demonstrate bad faith by investigators.<\/p>\n<p>While Baldwin &ldquo;contends that an unaltered <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/firearms\/\" target=\"_blank\" rel=\"noopener\" title>firearm<\/a> is critical to his case, other evidence concerning the functionality of the firearm on Oct. 21, 2021, weighs against the defendant&rsquo;s assertions,&rdquo; the judge wrote.<\/p>\n<p>Sheriff&rsquo;s investigators initially sent the revolver to the FBI for routine testing, but when an FBI analyst heard Baldwin say in an ABC TV interview that he never pulled the trigger, the agency told local authorities they could conduct an accidental discharge test, though it might damage the gun.<\/p>\n<p>The FBI was told by a team of investigators to go ahead, and tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes fractured the gun&rsquo;s firing and safety mechanisms.<\/p>\n<p>Defense attorneys say that the &ldquo;outrageous&rdquo; decision to move forward with testing may have destroyed exculpatory evidence.<\/p>\n<p>Prosecutors said it was &ldquo;unfortunate&rdquo; the gun broke, but it wasn&rsquo;t destroyed and the parts are still available. They say Baldwin&rsquo;s <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/lawyers\/\" target=\"_blank\" rel=\"noopener\" title>attorneys<\/a> still have the ability to defend their client and question the evidence against him.<\/p>\n<p>In Friday&rsquo;s ruling, the judge said prosecutors will have to fully disclose at trial the destructive nature of the FBI forensic testing on the gun, including what was lost in the process and its relevance in reaching a verdict.<\/p>\n<p>Several hours of testimony about the gun and forensic testing during online hearings in recent days provided a dress rehearsal for the possible trial against Baldwin. Attorneys for Baldwin gave long and probing cross-examinations of the lead detective, an FBI forensic firearm investigator and the prosecution&rsquo;s independent gun expert, Lucien Haag.<\/p>\n<p><a href=\"https:\/\/www.washingtonexaminer.com\/?d\" target=\"_blank\" rel=\"noopener\" title><strong>CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER <\/strong><\/a><\/p>\n<p>Prosecutors plan to present evidence that they say shows the firearm &ldquo;could not have fired absent a pull of the trigger&rdquo; and was working properly before the shooting.<\/p>\n<p>Since the 2021 shooting, the&nbsp;<a href=\"https:\/\/apnews.com\/video\/alec-baldwin-hilaria-american-museum-of-natural-history-0e9421b8b5f5494b92f3c23081983d65\" target=\"_blank\" rel=\"noopener\" title>filming of <em>Rust<\/em> resumed<\/a>&nbsp;but moved to Montana under an agreement with Hutchins&rsquo; husband, Matthew Hutchins, which made him an executive producer. The completed movie has not yet been released for public viewing.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A court ruling on Friday set Alec Baldwin&#8217;s involuntary manslaughter trial for early July, as Judge Mary Marlowe Sommer rejected a dismissal request. The defense claimed crucial evidence was damaged by the FBI during forensic testing, but the judge sided with prosecutors, keeping the case on track<\/p>\n","protected":false},"author":2634,"featured_media":2285852,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/04\/AP24067047277504-1024x683.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[33315,5387,10055,4853,32076],"class_list":["post-2285851","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner","tag-alec-baldwin","tag-judge","tag-july","tag-trial","tag-washington-examiner"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/04\/AP24067047277504-1024x683.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2285851","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2634"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2285851"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2285851\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2285852"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2285851"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2285851"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2285851"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}