Judge Mary Marlowe Sommer issued a ruling on Alec Baldwin's request to dismiss his involuntary manslaughter charge due to destruction of evidence Friday.
A judge decided not to dismiss Alec Baldwin's involuntary manslaughter charges in a ruling filed Friday. Judge Mary Marlowe Sommer denied another one of the '30 Rock' actor's attempts to get rid of the charges that could land him behind bars for a maximum of 18 months, according to court documents obtained by Fox News Digital. Baldwin was charged with involuntary manslaughter in connection to the death of Halyna Hutchins. The cinematographer died Oct.
Sommer heard arguments from Baldwin's legal team that his charges should be dropped due to destruction of evidence during a hearing that spanned two days. The Pietta 45 Colt revolver replica used in the shooting was destroyed during testing conducted by the FBI at the request of the prosecution. The 'intentional' destruction of the gun by the prosecution keeps Baldwin from having a fair trial, according to the court docs.
All of Baldwin's previous attempts to have the charges dismissed have been denied. Judge Sommer found the prosecution's grand jury proceeding was not prejudicial against Baldwin. The judge also rejected the defense's argument that the prosecution failed to show that the 66-year-old actor even committed a crime. His lawyers pointed out that the prosecution admitted the 'prospect of live ammunition' being present on the 'Rust' set was 'incomprehensible.
During the June 21 hearing, Judge Sommer also ruled that the state could not compel 'Rust' armorer Hannah Gutierrez Reed to testify at Baldwin's upcoming trial. However, Gutierrez Reed's testimony from her own nearly two-week-long trial will likely be used in the prosecution's case against the actor.
Gutierrez Reed was convicted of involuntary manslaughter in March after a jury found that the 'Rust' armorer was responsible for the gun that discharged a live bullet on the Western film set that killed Hutchins. She was sentenced to the maximum of 18 years behind bars and is currently appealing her conviction.
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