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(CNN) — A judge in New Mexico on Friday denied the latest motion from Alec Baldwin seeking to dismiss his indictment ahead of the scheduled start of his criminal trial next month.
Baldwin’s team had asked the court to dismiss the case, claiming because the gun used in the shooting that killed cinematographer Halyna Hutchins was destroyed during forensic testing by the FBI, it was impossible for the defense to attempt to recreate the examination.
CNN has reached out to Baldwin’s attorneys for comment on the judge’s ruling.
Baldwin’s team filed a separate motion on Monday seeking to dismiss the indictment claiming prosecutors failed to properly turn over evidence required by court procedure – accusations the state’s lawyers rebutted in a filing of their own late Thursday. The judge has not indicated whether she will entertain the new motion before the start of trial.
Last week, Judge Mary Marlowe Sommer denied an earlier motion from the actor’s team seeking to throw out the case. Baldwin’s lawyers had argued the shooting death of Hutchins on the set of “Rust” in October 2021 was an accident and Baldwin was not criminally liable.
Reed requests release from prison
Meanwhile, attorneys for Hannah Gutierrez Reed, the armorer of the film “Rust” who was sentenced in connection with the 2021 fatal on-set shooting, said in a Thursday court filing that prosecutors withheld evidence that would have favored the defendant during her manslaughter trial and requested she be released from prison, Reuters reported.
Gutierrez Reed became the first person to stand trial and was convicted in the case, which has captured national attention for more than two years. She was found guilty of involuntary manslaughter earlier this year for the on-set shooting and sentenced by a New Mexico judge to 18 months in prison, the maximum possible punishment.
As the armorer, Gutierrez Reed was responsible for firearm safety and storage on set.
According to the fling obtained by Reuters, prosecutors had a report from their own weapons experts that the gun used on “Rust” set had “unexplained toolmarks on critical surfaces of the trigger and sear.” That is evidence that the gun could have accidentally fired and could have led to her not being found guilty in the case, Gutierrez’s attorney Jason Bowles said, according to Reuters.
At trial, prosecutors argued she repeatedly violated safety protocol and acted without caution in performing her duties, leading to Hutchins’ death. Her defense attorney argued she has been scapegoated for the safety failures of film set management and other crew members. Gutierrez Reed did not testify.
Prosecutors had asked she be sentenced to the maximum prison time, citing a “complete and total failure to accept responsibility for her actions.” In contrast, the defense had asked she be released on probation, arguing she has no prior criminal history and has a “record of prior good works and positive things.”
CNN has reached out to Gutierrez Reed’s attorneys for comment on the Reuters report.
Baldwin attempts to dismiss case
Prosecutors and Baldwin’s attorneys sparred Monday in a hearing, with the actor’s team claiming the prosecution acted in bad faith when it ordered a testing procedure that could destroy the firearm. The special prosecutors insisted the burden should have been on the defense team to convey the firearm’s significance to their case before the testing.
The judge admonished both sides to continue preparing for the start of legal proceedings next month, telling attorneys: “Do not think that that means stop working for trial.”
Last week, the actor lost a separate bid to have the case dropped. His legal team argued the shooting was an accident and Baldwin is “not criminally liable.” Prosecutor Kari Morrissey countered Baldwin is experienced in the movie business.
“Mr. Baldwin knew he had a real gun in his hand. Mr. Baldwin specifically asked for the biggest gun that was available. Mr. Baldwin knew and understood that dummy rounds look identical to live ammunition,” Morrissey said.
Judge Mary Marlowe Sommer denied that Baldwin motion. If she rules against him again Friday, his trial is expected to begin in July.
This story has been updated with additional information.
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