A New Mexico judge Friday denied a request to dismiss the manslaughter charge against Alec Baldwin in the shooting death of a cinematographer on the set of the film "Rust" over concerns the FBI damaged the gun during forensic testing before the defense could examine it.
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Judge Marty Marlowe on Friday rejected Baldwin's fifth bid to have the case dropped. His trial will begin July 9 with jury selection.
Baldwin's defense team previously asked the judge to exclude the prosecution's firearms expert's analysis if the trial moves forward. They contend investigators might have damaged potentially exculpatory evidence while examining whether the gun could discharge accidentally without the trigger being pulled.
During a rehearsal on Oct. 21, 2021, Baldwin was pointing the gun at cinematographer Halyna Hutchins when it went off, killing her and wounding director Joel Souza, who survived.
Sheriff's investigators initially sent the revolver to the FBI for routine testing. However, when an FBI analyst heard Baldwin say in an ABC interview that he never pulled the trigger, the agency told local authorities they could conduct an accidental discharge test, though it might damage the gun.
Prosecutors plan to present evidence they say shows the firearm "could not have fired absent a pull of the trigger" and was working properly before the shooting.
Baldwin, who was also a producer on the film, was indicted by a New Mexico grand jury on Jan. 19.
It was the second time he was charged in the case. He had been similarly charged in January 2023 and pleaded not guilty -- but in April 2023 prosecutors dropped the charges, citing "new facts" that left them unable to immediately proceed with the case.
Those charges were dropped as Baldwin's attorneys questioned whether the prop gun that Baldwin was holding on the movie set during a rehearsal was functioning properly when it fired a live round.
"We look forward to our day in court," Baldwin's attorneys, Luke Nikas and Alex Spiro, said in a statement following the indictment in January.
Baldwin has maintained he did not pull the trigger on the gun, and had been told it was "cold" -- meaning, it did not contain live ammunition.
According to reports, special prosecutors had further tests conducted on the weapon after charges were dropped last year and concluded there was evidence to re-try the case.
Baldwin had originally been charged along with the film's armorer, Hannah Gutierrez-Reed, with involuntary manslaughter and involuntary manslaughter in the commission of a lawful act stemming from the shooting of Hutchins with the prop gun wielded by Baldwin.
At the time, New Mexico special prosecutors Kari T. Morrissey and Jason J. Lewis said they were not able to move forward with the criminal case against Baldwin.
"Over the last few days and in preparation for the May 3, 2023, preliminary hearing, new facts were revealed that demand further investigation and forensic analysis in the case against (Baldwin)," according to the prosecutors. "Consequently, we cannot proceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form.
"We therefore will be dismissing the involuntary manslaughter charges against Mr. Baldwin to conduct further investigation."
Hutchins, 42, was fatally shot as Baldwin was holding the gun while helping to set camera angles for an upcoming scene.
Nikas said previously that Baldwin bore no responsibility in the shooting, saying he was assured the gun contained no live ammunition, and he "relied on the professionals with whom he worked, who assured him the gun did not have live rounds."
Gutierrez-Reed is serving an 18-month prison sentence after being convicted of involuntary manslaughter in March. Prosecutors argued that she was sloppy and unprofessional, and that she failed to make sure that no live rounds made their way to set.
"Rust" assistant director David Halls pleaded no contest earlier to a charge of negligent use of a deadly weapon in exchange for a suspended sentence and six months probation.
Sheriff's investigators determined that live ammunition was found on the "Rust" set, mixed with blanks that are traditionally used in film production.
Hutchins' death led to industry-wide calls for improvements in on-set safety, particularly in regard to the use of firearms.
Filming on "Rust" was suspended after the shooting, but has since resumed, with Hutchins' husband serving as a producer under the terms of a lawsuit settlement.
Hutchins' parents, Olga Solovey and Anatolii Androsovych, and the film's script supervisor, Mamie Mitchell, have also filed a civil lawsuit in the case.
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