Actor Alec Baldwin’s legal team is asking a New Mexico judge to dismiss the indictment against him related to the fatal shooting on the “Rust” movie set, saying prosecutors acted unethically and failed to present crucial evidence to the grand jury.
The attorneys argued that the state has violated “nearly every rule in the book” in an effort to convict Baldwin in the fatal movie set shooting of cinematographer Halyna Hutchins on Oct. 21, 2021.
“Enough is enough,” the lawyers wrote. “This is an abuse of the system, and an abuse of an innocent person whose rights have been trampled to the extreme,” they wrote in a court filing.
Baldwin was indicted on two counts – involuntary manslaughter, negligent use of a firearm, or, in the alternative, involuntary manslaughter without due caution or circumspection – on Jan. 19.
ALEC BALDWIN PLEADS NOT GUILTY IN ‘RUST’ INVOLUNTARY MANSLAUGHTER CASE
Actor Alec Baldwin fired a prop gun on the set of a Western film “Rust,” killing the cinematographer Halyna Hutchins. (News Nation/Jim Weber – Santa Fe New Mexican)
The actor had previously been charged with involuntary manslaughter on Jan. 31, 2023. However, special prosecutors Kari Morrissey and Jason Lewis dropped the charges in April after coming across “new facts” that required additional review.
After investigating further, prosecutors convened a grand jury.
Alec Baldwin is set to stand trial on July 9. (Mark Sagliocco/Getty Images for National Geographic)
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Baldwin has maintained that he did not pull the trigger of the prop gun that led to Hutchins’ death. At the time, he had been rehearsing a scene featuring a cross-draw that Hutchins wanted to possibly add to the script.
Baldwin is facing charges of involuntary manslaughter after cinematographer Halyna Hutchins was shot and killed on the set of “Rust” in Oct. 2021. (Mark Sagliocco/Getty Images for National Geographic/Mat Hayward/Getty Images for AMC Networks)
“The trigger wasn’t pulled. I didn’t pull the trigger,” Baldwin told George Stephanopoulos in an interview shortly after the fatal shooting.
“No, no, no, no, I would never point a gun at anyone and pull the trigger. Never.”
WATCH: ALEC BALDWIN’S FIRST WORDS TO DETECTIVES REVEALED AS COPS RELEASE TROVE OF ‘RUST’ FILES
However, the FBI conducted an accidental discharge test and determined the gun used in the fatal shooting of Hutchins “could not be made to fire without a pull of the trigger,” ABC News reported.
Baldwin has also claimed that he was unaware that the gun was loaded with a live bullet.
Baldwin is set to face trial on July 9.
Hannah Gutierrez Reed was found guilty of involuntary manslaughter in the death of cinematographer Halyna Hutchins on March 6. (Courtesy: New Mexico Courts)
On March 6, a jury found “Rust” armorer Hannah Gutierrez Reed guilty of involuntary manslaughter in the death of cinematographer Halyna Hutchins.
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The armorer was responsible for the gun that discharged a live bullet on the Western film set. Hutchins was in the line of fire when Baldwin pulled the gun out of his holster.
Gutierrez Reed was also found not guilty of evidence tampering, a charge she received in 2023 after investigators accused her of passing off a bag of cocaine on the day of the fatal set shooting.
The jury deliberated for less than three hours at the New Mexico courthouse. After the verdict was read, Judge Mary Marlowe Sommer ordered Gutierrez Reed be taken into custody, where she will remain until she is sentenced.
Alec Baldwin’s initial involuntary manslaughter charges were dropped in April. (Santa Fe County Sheriff’s Department)
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“I’m going to remand you,” Sommer told the courtroom. “The reason is you are now convicted, and this is a death.” Gutierrez Reed was immediately taken into custody by deputies and awaits a sentencing date at the court’s convenience.
She faces up to 18 months in prison, in addition to a $5,000 fine.
Fox News Digital’s Lauryn Overhultz and Tracy Wright contributed to this report.
