Alec Baldwin Refiles Motion to Dismiss Charges; Prosecutors Bring New Evidence in ‘Rust’ Shooting

Alec Baldwin Refiles Motion to Dismiss Charges; Prosecutors Bring New Evidence in ‘Rust’ Shooting
Alec Baldwin attends The Roundabout Gala 2023 at The Ziegfeld Ballroom in New York on March 6, 2023. (John Lamparski/Getty Images)

Attorneys for actor Alec Baldwin filed a new motion requesting that a New Mexico judge drop his involuntary manslaughter charge after being previously denied.

Meanwhile, prosecutors say they plan to bring new evidence to the table, showing Mr. Baldwin had a history of neglecting safety protocols while on the set of his movie “Rust” and engaged in “horseplay” during firearms training.

In the June 17 motion, Mr. Baldwin’s attorneys once again asked the court to dismiss his indictment due to the prosecutor’s failure to disclose crucial information from the investigation.

His legal team argued that the state has a pattern of withholding information and has thousands of files, documents, and data that contain evidence that would help Mr. Baldwin’s defense.

As a result, they claim Mr. Baldwin’s constitutional rights were violated under New Mexico law and Brady v. Maryland, which requires the prosecution to hand over any evidence to a defendant that may be exculpatory.

Attorneys asked Judge Mary Marlowe Sommer to dismiss the case against the “30 Rock” star or reduce the prejudice over the state’s misconduct.

“Whether the State’s misconduct was intentional or purported to be just careless, severe remedies are warranted,” the motion states.

Mr. Baldwin’s legal team is also asking that the court release their final witness list and other documents that could answer questions about the case.

In May, Judge Sommer denied Mr. Baldwin’s initial motion to dismiss charges, saying the court found no evidence of “prosecutorial bad faith” nor error in jury instruction.

Mr. Baldwin’s legal team had claimed there was “destruction of evidence” and that prosecutors failed “to allege a criminal offense.”

The most recent motion was lodged after prosecutors brought forward new court documents accusing the actor of being reckless with firearms during the filming of “Rust.”

The filing alleges Mr. Baldwin pointed his gun and fired “a blank round at a crew member” and was “erratic and aggressive” during filming, contributing to safety concerns on set.

The prosecutors said they have photographic and video evidence they plan to show the jury displaying the reckless behavior.

“Mr. Baldwin can be seen engaging in horseplay with his gun and pulling his gun when the scene did not call for the pulling of his gun. When he pulls his gun the muzzle of the gun is pointed directly at another actor,” reads the filing.

The actor is accused of using his gun as a pointer, discharging the firearm after filming was over in violation of safety rules, and holding his finger on the trigger in scenes that didn’t require the weapon.

“Prior to the filming, the defendant had asked to be assigned the ‘biggest’ gun available,” reads the filing.

Prosecutors allege that Mr. Baldwin rushed the armorer to reload his gun and was inattentive and distracted during firearms training, such as using his phone to text or chat online.

The 66-year-old is set to go to trial in July after being indicted earlier this year on two counts of involuntary manslaughter and negligent use of a firearm in the fatal shooting of cinematographer Halyna Hutchins.

In October 2021, Mr. Baldwin was holding a Colt .45 while preparing for a scene in “Rust” when the gun discharged, killing Ms. Hutchins and wounding director Joel Souza.

Mr. Baldwin pleaded not guilty to all charges against him. If convicted, he could spend up to 18 months in prison.

The Epoch Times has reached out to Mr. Baldwin’s legal counsel for comment.

Santa Fe’s special prosecutor for the case, Erlinda Johnson, told The Epoch Times, “Given the rules of professional conduct that apply to prosecutors, at this time, the office of the special prosecutor declines to comment.”

From The Epoch Times