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Judge denies motion to dismiss indictment against Alec Baldwin in 'Rust' shooting case

Alec Baldwin attends the Roundabout Theatre Company's annual gala at the Ziegfeld Ballroom on Monday, March 6, 2023, in New York. (Photo by Charles Sykes/Invision/AP) Alec Baldwin attends the Roundabout Theatre Company's annual gala at the Ziegfeld Ballroom on Monday, March 6, 2023, in New York. (Photo by Charles Sykes/Invision/AP)
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A judge in New Mexico denied Alec Baldwin鈥檚 motion to dismiss the involuntary manslaughter indictment against him in the 鈥淩ust鈥 fatal shooting case, connected to the 2021 death of the film鈥檚 cinematographer, Halyna Hutchins. Baldwin鈥檚 attorneys had accused prosecutors of misconduct during the grand jury process and sought to have the case dismissed.

In January, Baldwin pleaded not guilty to involuntary manslaughter in the shooting. Hutchins was fatally shot and director Joel Souza was injured after a gun Baldwin was holding discharged a live round during a scene rehearsal on the New Mexico set of the western movie. It was the second time the actor pleaded not guilty to charges related to the shooting.

Involuntary manslaughter charges were dropped against Baldwin in 2023, with prosecutors saying in a statement at the time that they could not 鈥減roceed under the current time constraints and on the facts and evidence turned over by law enforcement in its existing form鈥 due to 鈥渘ew facts鈥 in the case.

He was charged for a second time and indicted in January.

Baldwin鈥檚 lawyers filed a motion to dismiss the indictment in March. They accused prosecutors of engaging in misconduct and said prosecutors 鈥減ublicly dragged Baldwin through the cesspool created by their improprieties 鈥 without any regard for the fact that serious criminal charges have been hanging over his head for two and a half years.鈥

Baldwin鈥檚 lawyers claimed the prosecution presented false and inaccurate testimony to the grand jury, withheld exculpatory evidence from the grand jury, and gave them improper and prejudicial instructions.

In response to Baldwin鈥檚 team鈥檚 March motion to dismiss the indictment, special prosecutors in New Mexico defended their case, saying Baldwin鈥檚 behaviour on the 鈥淩ust鈥 movie set contributed to 鈥渟afety compromises鈥 that led to the fatal shooting.

In the order to deny Baldwin鈥檚 motion to dismiss, the judge said despite the defense鈥檚 claims,there was no prosecutorial bad faith, as Baldwin鈥檚 legal team had claimed, and proper procedures were followed in the grand jury process.

In the ruling, the judge said 鈥渁fter review of transcripts from the January 18, 2024 and January 19, 2024 grand jury presentations, the Court does not find that the 鈥榩rosecuting attorney assisting the grand jury鈥 engaged in 鈥榠ntentional misconduct鈥 reflecting 鈥榙ishonesty of belief, purpose, or motive鈥 in the course of the attorney鈥檚 鈥榩resentation of evidence to the grand jury.鈥欌

The film鈥檚 armourer, Hannah Gutierrez Reed, who was responsible for firearm safety and storage on the movie鈥檚 set, was found guilty of involuntary manslaughter in March. She was sentenced in April to 18 months in prison and is appealing.

In a short statement to CNN following a judge鈥檚 refusal to dismiss charges against Baldwin, Luke Nikas and Alex Spiro from the actor鈥檚 legal team said: 鈥淲e look forward to our day in court.鈥

This is a developing story and will be updated.

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