Alec Baldwin's lawyers seek dismissal of manslaughter case due to destroyed gun evidence

If convicted, Alec Baldwin could face up to 18 months in prison for the felony charge.

Alec Baldwin's attorneys are fighting to have his manslaughter charges dismissed, alleging that the key piece of evidence – the Colt .45 revolver involved in the fatal shooting of cinematographer Halyna Hutchins – was destroyed by investigators, hindering their ability to build a strong defense.

Baldwin, scheduled to stand trial in Santa Fe, New Mexico in two weeks, has maintained his innocence, denying that he pulled the trigger. His defense team asserts that the gun was modified, potentially causing it to fire more easily.

The controversy centers around an FBI examiner's destructive testing of the firearm in 2022, which damaged the internal components, including the hammer. Baldwin's lawyer, John Bash, argues that this testing deprived the defense of a crucial opportunity to examine the gun in its original state.

Prosecutor Erlinda Johnson counters that the gun's potential exculpatory value was not evident when the testing was ordered and that the defense can still present its case using other evidence.

Judge Mary Marlowe Sommer presided over a three-hour hearing on Monday, during which both sides presented their arguments. Sommer will issue her ruling on Friday but advised both parties to proceed as though the trial will move forward.

The trial is expected to last eight court days, with testimony beginning on July 10th. While the prosecution suggested a longer timeframe due to extensive witness lists, Judge Marlowe Sommer maintained the eight-day limit.

If convicted, Baldwin could face up to 18 months in prison for the felony charge.

This marks the fourth attempt by the defense to dismiss the case, with two previous motions rejected by Marlowe Sommer. An additional motion filed last week, citing delayed evidence disclosure by the prosecution, was also rejected due to its length.

The outcome of this latest motion remains uncertain, but the potential dismissal of the case due to the destroyed evidence raises significant questions about the integrity of the investigation and the fairness of the upcoming trial.