Alec Baldwin attempted to dismiss his involuntary manslaughter charge in a new motion filed Monday, according to documents obtained by Fox News Digital.
The Emmy Award-winning actor filed his fifth bid to have the charges dropped while his legal team continued arguments from Friday's virtual hearing where Baldwin was denied one of two requests to end the "Rust" star's involuntary manslaughter case.
Judge Mary Marlowe Sommer refused to issue a ruling until at least Friday, June 28, regarding Baldwin's request that charges should be dismissed due to destruction of evidence.
Baldwin did not appear in the virtual hearings but was spotted in the Hamptons over the weekend. The "30 Rock" actor previously filed court paperwork waiving all his future pre-trial appearances.
Baldwin's legal team requested an order dismissing the indictment with prejudice in an expedited motion for relief. They argued that the state violated discovery obligations by not immediately disclosing "critical evidence" deemed favorable to Baldwin's defense, that "fundamentally reshapes the way Baldwin would have prepared for trial."
"The State’s strategy — trial by ambush — is grossly prejudicial and abhorred by courts," documents stated. "The reason for that is obvious: Baldwin has had to divert substantial time and resources just to pursue the growing list of undisclosed discovery that continues to emerge from hiding — not to mention the time it takes to review more than 150,000 pages of documents and countless hours of audio recordings and videos that have been dumped on Baldwin just weeks before trial. Moreover, most of the State’s late disclosures were made after the dispositive motion and witness deadline. This alone demonstrates how seriously Baldwin has been prejudiced by the State’s misconduct."
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His team continued, "Baldwin deserves to be treated just like any other criminal defendant, and both federal and state law point in one direction: dismissal."
Sommer denied Baldwin's request for dismissal during a hearing Friday. Baldwin's legal team argued the prosecution failed to show that the "Boss Baby" actor even committed a crime. His lawyers pointed out that the prosecution admitted the "prospect of live ammunition" being present on the "Rust" set was "incomprehensible."
Sommer rejected the argument after an hours-long hearing.
Hannah Gutierrez Reed was convicted of involuntary manslaughter in March after a jury found that the "Rust" armorer was responsible for the gun that discharged a live bullet on the Western film set that killed cinematographer Halyna Hutchins. 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.
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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. Hutchins died Oct. 21, 2021, after a gun Baldwin was holding discharged on the Western film set.
He's expected in court next month to begin a nearly two-week trial, and could face up to 18 months in prison if convicted.
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Earlier this month, Baldwin announced his own brood was diving into the reality realm with their own TLC show, set to premiere in 2025.
Tentatively called "The Baldwins," the show will feature "the ups and downs, the good, the bad, the wild and the crazy" of life at home with seven children under the age of 10, Baldwin said in a video shared on Instagram.
Baldwin and wife Hilaria will celebrate their 12th wedding anniversary at the end of the month. The couple lives in Manhattan and listed their Hamptons estate for $18 million earlier this year after Baldwin was indicted on involuntary manslaughter charges.
Property records showed Baldwin purchased the mansion in 1996 for $1.75 million. He has attempted to unload the property multiple times over the last two years and initially listed the home for $29 million, lowering it to $25 million before settling below $20 million.
In addition to his seven children with Hilaria, Baldwin also has daughter Ireland with ex-wife Kim Basinger. Alec became a first-time grandfather last year when Ireland gave birth to a baby girl.
