The judge sided with prosecutors Friday in moving the involuntary manslaughter case forward.
SANTA FE, N.M. — A court ruling on Friday put an involuntary manslaughter case against Alec Baldwin on track for trial in early July as a judge denied a request to dismiss the case on complaints that key evidence was damaged by the FBI during forensic testing.Defense attorneys had argued that the gun in the fatal shooting was heavily damaged during FBI forensic testing before it could be examined for possible modifications or problems that might exonerate the actor-producer.
The FBI conducted an accidental discharge test on the gun by striking it from several angles with a rawhide mallet, eventually breaking the gun. Prosecutors plan to present evidence at trial that they say shows the firearm “could not have fired absent a pull of the trigger” and was working properly before the shooting.
Marlowe Sommer said that destruction of internal components of the firearm “is not highly prejudicial” to a fair trial and that Baldwin’s legal team failed to demonstrate bad faith by investigators. The FBI was told by a team of investigators to go ahead, and tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes fractured the gun’s firing and safety mechanisms.
In Friday’s ruling, the judge said prosecutors will have to fully disclose at trial the destructive nature of the FBI forensic testing on the gun, including what was lost in the process and its relevance in reaching a verdict.
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