Alec Baldwin's lawyer has claimed the gun which killed Halyna Hutchins has been "destroyed by the state".
Alec Baldwin is facing a charge of involuntary manslaughter
The 64-year-old actor has been charged with involuntary manslaughter over the death of the cinematographer - who died on the set of 'Rust' in October 2021 after a prop gun went off - and at a hearing on Thursday (09.03.23), his legal team claimed their discovery process hit an issue when they were unable to examine the weapon in question, but the allegation was refuted.
Speaking during the virtual hearing in New Mexico, Alec's attorney, Alex Spiro, told First Judicial District Court Judge Mary Marlowe Sommer: "The court, I don't think, is aware at this point, but I think I should tell the court that the firearm in this case was destroyed by the state.
"So, that’s obviously an issue and we’re going to have to see that firearm, or what’s left of it."
A spokesperson for the New Mexico First Judicial District Attorney has denied that is the case.
A statement was issued in response which read: "The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review.
"The defense's unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI's July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI's functionality testing.
"However, the gun still exists and can be used as evidence."
Elsewhere during the hearing, Alec's lawyer filed a waiver so his client - who has pleaded not guilty - doesn't have to attend status conferences moving forward.
The legal meeting was also attended by the attorneys representing 'Rust' armourer Hannah Gutierrez-Reed, who is also facing an involuntary manslaughter charge.
Involuntary manslaughter is a fourth-degree felony in New Mexico and if found guilty, the pair face up to 18 months in prison and a $5,000 fine.
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