Alec Baldwin’s Lawyers File New Motions to Have ‘Rust’ Case Dismissed

Alec Baldwin’s lawyers just filed two motions to have his “Rust” case thrown out. A hearing has been set for May 17, where a judge will hear Baldwin’s attorney’s argument to dismiss the indictment.

In October 2021, Baldwin, an actor and producer on “Rust,” was holding the gun that discharged, killing cinematographer Halyna Hutchins and wounding director Joel Souza on the set in Santa Fe, New Mexico.

Alec entered a not guilty plea after being charged with involuntary manslaughter.

For years, Alec has maintained that he never pulled the trigger, claiming the gun discharged in his hand.

Now, his lawyers have filed to have the case dismissed, claiming that key evidence was destroyed and that there was lack of a crime.

In one dismissal, his lawyers claim the gun used in the shooting was damaged in testing.

“The government took the most critical piece of evidence in the case — the firearm — and destroyed it by repeatedly and pointlessly striking it with a mallet,” the papers state. “Government agents knew the firearm would not survive their clumsy ‘tests’ intact. They said so explicitly in emails.”

The attorneys claim the tests were done “without informing Baldwin or his counsel” and insist the tests would not prove “whether Baldwin had pulled the trigger on the day of the accident.”

The docs continued, “Under time-honored principles of due process, the charges must be dismissed. The law is clear: the government may not knowingly deprive the defense of potentially useful evidence by destroying it.”

In another motion, the attorneys say, “The State has not alleged facts that constitute a crime,” adding that Baldwin “had no reason to believe that the firearm contained live ammunition.”

The papers go on, “The State has not even alleged that Baldwin had a subjective awareness of a substantial risk that the firearm held live ammunition. And without such a subjective awareness, he could not have committed the crime of Involuntary Manslaughter.”

In addition, Variety reports documentary filmmaker Rory Kennedy is fighting a subpoena that would require her to turn over footage to the prosecutors.

Variety reports, her lawyers claim the work is journalistic and protected from the “investigative arm of the government.” Adding that her work would be used at trial and therefore lose value.

Kennedy also claims that Baldwin participated in the project, but was not compensated and had no editorial control.

Meanwhile, in March, Baldwin’s team filed a motion to dismiss the indictment based on alleged issues with the grand jury process.

Baldwin’s involuntary manslaughter trial is set to start in July.