Alec Baldwin ‘wants to stand trial’ as DA disputes claim that ‘Rust’ firearm was destroyed

LOS ANGELES – Alec Baldwin’s lawyer told a judge on Thursday that the Studio 30 actor “wants to stand trial” and said the gun used in Rust was destroyed by the state.

Heather Brewer, a spokesperson for the First Judicial District Attorney’s office, then confirmed to Fox News Digital that the gun “was not destroyed by the state.”

“The gun that Alec Baldwin used in the shooting that killed Halina Hutchins was not destroyed by the state. The gun is in evidence and is available for review by the defense,” Brewer said.

“The defense’s surprise statement at today’s hearing that the weapon was destroyed by the state may be a reference to a statement in the July 2022 FBI firearms testing report that the weapon’s internal components were damaged during FBI functional testing. .However, the gun still exists and can be used as evidence.”

Baldwin has previously pleaded not guilty to on two counts of manslaughter of cameraman Galina Hutchins. He was charged in January, more than a year after the fatal shooting on the set of Rust.

Alex Spiro, who represents Baldwinand Jason Bowles, who represents Hannah Gutierrez-Rid, appeared before a judge on Thursday in a status hearing.

ALEC BALDWIN INVOLVENT MURDER CASE ANNOUNCED AS RUST PROSECUTOR ANSWERS

The actor’s lawyer told the judge that the gun Baldwin was using was destroyed, but gave no details of why or how. The gun was sent for Santa Fe County testing Sheriff’s Department during the investigation.

The revelation is “another mistake” for the prosecution, celebrity attorney Duncan Levine told Fox News Digital.

“This is another mistake in a case that should not have been brought at all. The way a state could destroy a weapon that the state mistakenly believes is a murder weapon is simply mind-boggling,” he said. “This is important evidence in the case, and Alec Baldwin has the right to investigate it. Now it appears to be missing, as is their basis for bringing this criminal case in the first place.”

A hearing was scheduled for March 27 on Baldwin’s motion to recuse the special counsel. In addition, a preliminary hearing, which the district attorney expects to last two weeks, has been scheduled for May 3.

The prosecution was given a deadline of April 17 to submit a list of witnesses to be called at the preliminary hearing.

According to court documents obtained by Fox News Digital, Baldwin did not show up for Thursday’s hearing and waived his right to attend any future status hearings in person. The move follows the Studio 30 actor’s decision to back out of his first court appearance.

The defense also said the prosecution would air the discovery today.

Prosecutors set out their case against Baldwin see the probable cause statement released Jan. 31 and obtained by Fox News Digital for more details.

The district attorney said that Baldwin’s decision to skip firearms training, the lack of on-set safety meetings, and the casual attitude towards the gun show that he acted in a way that endangered others.

Baldwin’s legal team and the district attorney fight to get the special prosecutor removed from the case. The actor’s lawyers said the appointment of Rep. Angela Reeb as special prosecutor and member of the legislature could set a precedent that distorts the legislative process. Prosecutor Mary Carmack-Oltvis denied the March 6 statement obtained by Fox News Digital.

“Any attempt by Ms. Reeb, as a legislator, to influence the outcome of this trial will be completely ineffective,” the court’s lawsuit says.

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Baldwin’s team initially argued that Reeb’s involvement in the prosecution was “unconstitutional”.

“This gives the same person two primary powers of different branches—legislative and judicial—and is thus prohibited in the plain language of Article III of the New Mexico Constitution,” his team wrote.

Previously, Baldwin won a legal victory when the judge decided to drop the firearm improvement charge originally brought by the prosecution. The actor’s legal team argued that the addition of the enhancement was unconstitutional, as the law was passed only after the fatal shooting.

Alexandria Hernandez of Fox News contributed to this report.

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