Alec Baldwin seeks trial dismissal
Alec Baldwin has accused the prosecutors in his involuntary manslaughter case of "withholding information".
The 66-year-old actor is set to face trial over the death of cinematographer Halyna Hutchins - who was fatally shot on the set of Western 'Rust' when a prop gun being held by the star discharged - but his legal team have filed a motion asking for the indictment to be dismissed due to New Mexico prosecutors' failure to "disclose" evidence to them in a timely manner.
According to a motion filed on Monday (17.06.23) and obtained by People magazine, Alec's lawyers claimed the state had been in possession of “thousands of files,” over "150,000 pages of documents" and “dozens of gigabytes worth of data” for months, and in some cases “over a year,” which contained “critical evidence favourable to Baldwin’s defense” that could have “reshaped” the way they had prepared for the trial if they had been disclosed earlier.
The motion argued the state had violated the former '30 Rock' star's constitutional rights under both New Mexico law and the landmark US Supreme Court ruling Brady v. Maryland, which determined that the prosecution must turn over to the defendant any evidence in its possession that suggests the defendant is not guilty.
The lawyers wrote: “Whether the State’s misconduct was intentional or purported to be just careless, severe remedies are warranted."
They have asked judge Mary Marlow Sommer to dismiss the indictment or “reduce the prejudice that the state’s misconduct has caused” by precluding all of the “testimony, evidence and argument related to the contention that Baldwin must have pulled the trigger.”
Alec's lawyers want the judge to force the state to disclose its final witness list and "outstanding document productions", including answers to their client's questions relating to the investigation.
Last month, the judge denied a motion to dismiss the charge.
She ruled the court did not find that the jury had been improperly instructed, nor did the prosecution violate instruction of the grand jury judge.
Alec's lawyers had argued for the case to be dismissed due to “destruction of evidence,” and prosecutors’ “failure to allege a criminal offense.”
A hearing is scheduled to take place on 21 June, where the judge will also hear a motion from the state to compel 'Rust' armorer Hannah Gutierrez-Reed - who was previously sentenced to 18 months in prison for involuntary manslaughter in relation to Halyna's death - to testify during the trial.
