Alec Baldwin’s lawyer told a judge on Thursday that Baldwin “wants his day in court.” His lawyer also claimed that the gun used in the fatal shooting of Halyna Hutchins while filming “Rust” was destroyed by the state of New Mexico.
Baldwin’s lawyer did not go into details about when or how the weapon was destroyed.
Heather Brewer, who is the spokesperson for the office of the New Mexico First Judicial District Attorney, disagreed with this and told Fox News Digital that the gun has “not been destroyed by the state.”
“The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review,” Brewer said.
“The defense’s unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI’s July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI’s functionality testing. However, the gun still exists and can be used as evidence.”
Baldwin was charged with two counts of involuntary manslaughter in relation to the shooting of Hutchins. He has pleaded not guilty.
The prosecutors have claimed that Baldwin failed to pay attention during firearms training, there was a lack of safety meetings on set and Baldwin handled the gun in a way that put others at risk.
Baldwin’s legal team and the DA are caught up in a legal wrangle to have the special prosecutor removed from the case. Baldwin’s lawyers have argued that having Rep. Angela Reeb serve as a special prosecutor and legislative member could create precedent that distorts the legislative process.
Prosecutor Mary Carmack-Altwies rebuffed this in a filing made on March 6th, the details of which were obtained by Fox News Digital.
“Any attempt by Ms. Reeb as a legislator to influence the outcome of this trial would be completely ineffective,” the court filing stated.
Baldwin’s legal team initially argued Reeb’s involvement in the prosecution was “unconstitutional.”
“Doing so vests two core powers of different branches — legislating and prosecuting — in the same person and is thus barred by the plain language of Article III of the New Mexico Constitution,” his team wrote.
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