Alec Baldwin is fighting back against his involuntary manslaughter charges in the 'Rust' shooting incident. His legal team is filing two new motions to dismiss the indictment, arguing that the prosecution has failed to prove a crime and that the destruction of evidence is preventing a fair trial.
Baldwin's legal team asserts that the prosecution has failed to establish a criminal offense by not presenting evidence that Baldwin had any knowledge or reason to believe that the gun he handled on the 'Rust' set contained live ammunition. The prosecution has admitted that the "prospect of live ammunition" on set was "incomprehensible," and Baldwin's lawyers argue that without such knowledge, Baldwin had no reason to believe his actions could lead to death.
Additionally, the motion points out that it was the responsibility of the armorer, Hannah Gutierrez-Reed, to ensure the safety of the gun and ammunition. Baldwin's team claims that he relied on Gutierrez-Reed's expertise and had no reason to suspect that she had not properly checked the firearm.
The prosecution's decision to destroy the Pietta 45 Colt revolver replica, the firearm involved in the shooting, is being cited by Baldwin's lawyers as a violation of his due process rights. They argue that the destruction of evidence prevents them from conducting a thorough investigation and presenting a full defense.
According to the motion, the testing conducted by the FBI on the gun was "intentional" and deprived Baldwin of the opportunity to examine the firearm in its original state. This, they claim, has limited their ability to determine whether defects or modifications to the gun contributed to the shooting.
Legal experts believe that Baldwin's motions to dismiss are part of a comprehensive strategy to challenge the prosecution's case and potentially avoid a trial. By filing these motions, Baldwin's team is preserving their arguments for appeal if the motions are denied.
Former federal prosecutor Neama Rahmani suggests that the multiple motions are an attempt to "paper the prosecution," creating a workload that may overwhelm them and force concessions.
Baldwin's three motions to dismiss will be considered by the court in advance of jury selection, which is scheduled to begin on July 9. The prosecution has filed a detailed response to Baldwin's original motion to dismiss, denouncing his claims as "false, misleading, and histrionic."
The upcoming court proceedings will determine whether Baldwin's motions will be granted, setting the stage for a potential trial or dismissal of the charges.
