Prosecutors Deny Claim by Alec Baldwin's Lawyers That Authorities Destroyed Gun in ‘Rust' Movie Set Shooting
Alec Baldwin has been charged with two counts of manslaughter in the death of cinematographer Halyna Hutchins.
Alec Baldwin's lawyers said that the firearm at the center of the "Rust" movie criminal case was destroyed by New Mexico authorities.
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"The gun is in evidence and available for the defense to review," prosecutors said in a statement to CNBC, disputing the claim.
The quick brown fox jumps over the lazy dog.The lazy dog was no match for the quick brown fox.
Baldwin, who is charged with two counts of manslaughter, was holding the firearm that killed a "Rust" crew member but has denied that he pulled the trigger.
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State authorities did not destroy the firearm that killed cinematographer Halyna Hutchins on the set of the movie "Rust," contrary to what Alec Baldwin's lawyers claimed on Thursday.
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"I don't think the court is aware of this point, but I think I should tell the court that the firearm in this case was destroyed by the state," Alex Spiro, one of Baldwin's lawyers, said during a hearing Thursday. "That's obviously an issue and we're going to need to see that firearm, or what's left of it."
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"Spiro's claim is false," said a prosecutor in a statement to CNBC.
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Heather Brewer, spokesperson for New Mexico's First Judicial District Attorney's office, said that 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.
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"The defense's statement today that the gun had been destroyed by the state was unexpected. It may be a reference to a statement in the FBI's July 2022 firearms testing report. The report 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."
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Baldwin, who both stars and produces "Rust," was holding the gun when it killed Hutchins. He has denied that he pulled the trigger.
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The lawyers for Baldwin and the film's original armorer, Hannah Gutierrez-Reed, appeared at the Thursday status hearing. The defendants are
accused of
Two types of involuntary manslaughter exist following the October 2021 fatal shooting of cinematographer Halyna Hutchins. A jury will decide which of the two, if any, to convict on. Each count has a maximum possible sentence of 18 months in prison.
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S responsible for bringing charges against the defendant
The prosecution is responsible for bringing charges against the defendant.
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He is already facing pressure from the Kremlin.
Although the criminal case against Baldwin and Gutierrez-Reed has only been active for a little over a month, the prosecution has already made several mistakes. For instance, the potential 18-month prison sentence is lower than the original penalty Baldwin and Gutierrez-Reed were facing.
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Special prosecutor Andrea Reeb had originally mischarged Baldwin with a firearm enhancement that would add five more years to his sentence if convicted. However, Reeb
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Baldwin's lawyers were told that she had incorrectly applied an enhancement that was not in effect at the time of the shooting.
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On Feb. 7, Baldwin's lawyers filed a motion for Reeb to recuse herself from the case, which she rejected on Monday.
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attorney general has said that she will not appoint a special prosecutor in the "Rust" case.
New Mexico's attorney general has said that she will not appoint a special prosecutor in the "Rust" case, so Reeb is serving as a Republican state legislator instead.
The constitution prohibits certain things.
one branch of government from exercising the power of another branch.
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The office of the district attorney
In Monday's court filings, it was claimed that
Special prosecutors "do not fit squarely" within either the executive or judicial branch, and therefore belong to neither branch. This is according to Baldwin's lawyers, who argued in a February motion that the power of prosecution cannot be categorized as either executive or judicial because it falls into both branches.
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A hearing on the disqualification motion is scheduled for March 27.