A court ruling on Friday put an involuntary manslaughter case against Alec Baldwin on track for trial in early July as a judge denied a request to dismiss the case on complaints that key evidence was damaged by the FBI during forensic testing.
Judge Mary Marlowe Sommer sided with prosecutors in rejecting a motion to dismiss the case.
Defence attorneys had argued that the gun in the fatal shooting was heavily damaged during FBI forensic testing before it could be examined for possible modifications or problems that might exonerate the actor-producer.
The ruling removes one of the last hurdles before prosecutors can bring the case to trail with jury selection scheduled for July 9 in Santa Fe.
Attorneys plan to call on testimony at trial from a selection of more than 60 court-approved witnesses. They include film director Joel Souza, who was wounded in the shooting as well as assistant director Dave Halls, who earlier pleaded no contest to negligent use of a deadly weapon, and an array of first responders, investigators, firearms experts and close-range witnesses to the shooting.
Baldwin isn't listed but has the right to testify at his own trial.
During a rehearsal on the set of the Western film "Rust" in 2021, Baldwin pointed a gun at cinematographer Halyna Hutchins when the revolver went off, killing her and injuring director Souza as the bullet became lodged in his shoulder. Baldwin has maintained that he pulled back the gun's hammer but not the trigger and has pleaded not guilty.
The FBI conducted an accidental discharge test on the gun by striking it from several angles with a rawhide mallet, eventually breaking the gun. Prosecutors plan to present evidence at trial that they say shows the firearm "could not have fired absent a pull of the trigger" and was working properly before the shooting.
Baldwin has twice been charged in Hutchins' death. Prosecutors dismissed an earlier charge, then refiled it after receiving a new analysis of the revolver that Baldwin pointed at Hutchins.
"Rust" armourer Hannah Gutierrez-Reed is serving an 18 month sentence on a conviction for involuntary manslaughter in the fatal shooting, as she appeals the jury verdict. It's likely the prosecutors will call her to testify at Baldwin's trial, despite her refusal to answer questions at a pretrial interview and instead invoke her constitutional rights against self-incrimination under the Fifth Amendment. A judge refused a request to compel her testimony by providing immunity.
Marlowe Sommer said that destruction of internal components of the firearm "is not highly prejudicial" to a fair trial and that Baldwin's legal team failed to demonstrate bad faith by investigators.
While Baldwin "contends that an unaltered firearm is critical to his case, other evidence concerning the functionality of the firearm on Oct. 21, 2021, weighs against the defendant's assertions," the judge wrote.
Sheriff's investigators initially sent the revolver to the FBI for routine testing, but when an FBI analyst heard Baldwin say in an ABC TV 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.
The FBI was told by a team of investigators to go ahead, and tested the revolver by striking it from several angles with a rawhide mallet. One of those strikes fractured the gun's firing and safety mechanisms.
Defence attorneys say that the "outrageous" decision to move forward with testing may have destroyed exculpatory evidence.
Prosecutors said it was "unfortunate" the gun broke, but it wasn't destroyed and the parts are still available. They say Baldwin's attorneys still have the ability to defend their client and question the evidence against him.
In Friday's ruling, the judge said prosecutors will have to fully disclose at trial the destructive nature of the FBI forensic testing on the gun, including what was lost in the process and its relevance in reaching a verdict.
Several hours of testimony about the gun and forensic testing during online hearings in recent days provided a dress rehearsal for the possible trial against Baldwin. Attorneys for Baldwin gave long and probing cross-examinations of the lead detective, an FBI forensic firearm investigator and the prosecution's independent gun expert, Lucien Haag.
Prosecutors plan to present evidence that they say shows the firearm "could not have fired absent a pull of the trigger" and was working properly before the shooting.
Since the 2021 shooting, the filming of "Rust" resumed but moved to Montana under an agreement with Hutchins' husband, Matthew Hutchins, which made him an executive producer. The completed movie has not yet been released for public viewing.
Canada turns 157 years old this year, and several fireworks shows across the country are expected to paint the night skies in celebration. Here's a look at the forecast and fireworks celebrations across the country for Canada Day in 2024.
U.S. President Joe Biden's family used a Sunday gathering at Camp David to urge him to stay in the race and keep fighting despite his dreadful debate performance.
A crowd of around 100,000 people were treated to a surprise appearance from a B.C. star during Coldplay’s set at Glastonbury Festival in England this weekend.
A new poll suggests the vast majority of Canadians are proud of their home and native land, but our sense of national pride is lower than it was a few years ago.
A strike by WestJet plane mechanics forced the airline to cancel hundreds more flights on Sunday, upending the plans of roughly 110,000 travellers over the Canada Day long weekend and prompting the carrier to demand action from the federal government.
A B.C. man who reneged on a deal to split the cost of removing a tree with his next-door neighbour is now on the hook for the whole amount, B.C.’s civil resolution has ruled.
Scientists may be a step closer to that reality, thanks to new research that has identified six subtypes — or 'biotypes' — of major depression via brain imaging combined with machine learning.
Unconfirmed reports say American rapper and producer Kanye West is visiting Moscow. If true, it would make West the first major American celebrity to visit Moscow since the start of Russia’s invasion of Ukraine in February 2022.
Several people were injured Saturday night after a man allegedly stole an occupied RV during a police chase at a campground in Lloydminster.
With dozens of WestJet flights unceremoniously cancelled to and from Vancouver International Airport Sunday, many travelers have been forced to sleep at the airport, or pay out of pocket for a flight from another airline.
Toronto police say they're investigating a pair of suspected hate-motivated offences after two city synagogues were damaged early Sunday morning.
Several people were injured Saturday night after a man allegedly stole an occupied RV during a police chase at a campground in Lloydminster.
Gatineau Fire says though no injuries were reported, over 200 people were evacuated from their apartments Saturday night after a fire broke out in an apartment building in the Aylmer sector of Gatineau, Que.
The city is entering the final stages of resuming water service through its repaired feeder main, as water consumption continues to fall below the city’s threshold level.
A pedestrian in his 70s was struck and killed at an intersection in Brossard, on Montreal's South Shore.
U.S. President Joe Biden's family used a Sunday gathering at Camp David to urge him to stay in the race and keep fighting despite his dreadful debate performance.
The Taliban on Sunday told the West to look past the measures they have imposed on Afghan women and girls for the sake of improving foreign relations.
The far-right National Rally leaped into a strong lead Sunday in France's first round of legislative elections, polling agencies projected, bringing the party closer to being able to form a government in round two.
The U.S. Justice Department plans to propose that Boeing plead guilty to fraud in connection with two deadly plane crashes involving its 737 Max jetliners, according to two people who heard federal prosecutors detail the offer Sunday.
North Korea test-fired two ballistic missile Monday, South Korea’s military said, a day after the North vowed 'offensive and overwhelming' responses to a new U.S. military drill with South Korea and Japan.
Former Bolivian President Evo Morales on Sunday accused his political ally-turned-rival President Luis Arce of deceiving the Bolivian people by staging a 'self-coup' last week to earn political points among the electorate, marking a sharp downturn in an already fraught relationship.
Some police services in Canada are using facial recognition technology to help solve crimes, while other police forces say human rights and privacy concerns are holding them back from employing the powerful digital tools.
A New Democrat member of Parliament has paid back a portion of the thousands of dollars she spent on a Christmastime trip for herself and her family that was paid for with public money.
Calls have intensified for Justin Trudeau to resign as head of the party he almost single-handedly pulled back from the brink after a decimating electoral defeat in 2011.
Scientists may be a step closer to that reality, thanks to new research that has identified six subtypes — or 'biotypes' — of major depression via brain imaging combined with machine learning.
Double check your sunscreen products before slathering up this long weekend, as Health Canada has recalled several lots across the country.
Think back to when you were a kid and movement was instinctive — and often infused with pure joy. Maybe it was racing your sister and dad to the front door.
Canadian creators and publishers want the government to do something about the unauthorized and usually unreported use of their content to train generative artificial intelligence systems.
As Florida's ban on "lab-grown" meat is set to go into effect next week, one manufacturer hosted a last hurrah — at least for now — with a cultivated meat-tasting party in Miami.
Two NASA astronauts will stay longer at the International Space Station as engineers troubleshoot problems on Boeing's new space capsule that cropped up on the trip there. NASA on Friday did not set a return date until testing on the ground was complete and said the astronauts were safe.
Will Smith stood in a circle of fire — joined by Fridayy and the gospel choir Sunday Service — to make the live debut of his latest single, 'You Can Make It,' at the 2024 BET Awards.
Unconfirmed reports say American rapper and producer Kanye West is visiting Moscow. If true, it would make West the first major American celebrity to visit Moscow since the start of Russia’s invasion of Ukraine in February 2022.
A crowd of around 100,000 people were treated to a surprise appearance from a B.C. star during Coldplay’s set at Glastonbury Festival in England this weekend.
Business owners have found that offering summer hours – a reduced schedule on Fridays, usually between Victoria Day and Labour Day — can be a way to boost employee morale. Workers are able to deal with summer childcare gaps, return to the office refreshed and feel like their job values them, owners say.
In a country traditionally dominated by two national airlines, a new set of aviation rivalries has emerged. Porter is increasingly moving in on Air Canada's home turf of Central Canada as well as cross-country routes, while WestJet seeks to counter the threat of Flair Airlines in a shift from the decades-old industry dynamic of sparring between the two biggest carriers.
The U.S. Justice Department plans to propose that Boeing plead guilty to fraud in connection with two deadly plane crashes involving its 737 Max jetliners, according to two people who heard federal prosecutors detail the offer Sunday.
A new poll suggests the vast majority of Canadians are proud of their home and native land, but our sense of national pride is lower than it was a few years ago.
Most of us have felt the freedom and delight that comes with stripping down to a swimsuit on a sunny day and wading into a cool sea, the horizon twinkling in the distance.
There is ongoing research to better understand the relationship between social connection and healthy aging, and why the brains of super agers look different compared with their peers.
Spain recovered from a goal down to beat Georgia 4-1 for a spot in the Euro 2024 quarterfinals, ending one of the tournament's most compelling underdog stories.
German police said Sunday they believe a man who scaled the roof of the stadium as Germany played Denmark at Euro 2024 was a would-be photographer and they have no evidence he intended to hurt anyone.
Jude Bellingham needed to produce something special to keep England at Euro 2024.And he did. England was seconds away from slumping to one of the biggest upsets in the history of the European Championship when trailing 1-0 to Slovakia deep into stoppage time in the round of 16 on Sunday.
Transport Canada recalled various vehicles over the last week, including Kia, Toyota, Volkswagen and Porsche cars.
It used to be cash was king and that you could get a better deal if you paid for a car in full, but now many dealers want you to finance your purchase so they can make more money.
Several stolen vehicles believed to have been used in organized and serious crime, including one homicide, have been found in Alberta during an investigation into an auto theft ring.
When Zhya Aramiy was living in Turkey and Iraq, he had to keep his Pride flags hidden away.
A rave at the Ontario Science Centre was the place where Greg LeBlanc says his relationship first began with his husband Mark in 1997.
Travellers flying with WestJet continue to watch as the airline cancels more flights due to a sudden strike by its mechanics union.
The remains of a soldier from Newfoundland killed in the battlefields of France during the First World War will be laid to rest in St. John's Monday, bringing an emotional end to a years-long effort in a place still shaken and forever changed by the bloodshed.
The city is entering the final stages of resuming water service through its repaired feeder main, as water consumption continues to fall below the city’s threshold level.
A grandfather and grandson duo proudly graduated alongside each other at the same northern Manitoba school.
A large basking shark was captured close to the shoreline on Nova Scotia's Eastern Shore.
The world's largest hockey stick could soon become the world's most in-pieces hockey stick as a Vancouver Island community prepares to tear down and carve up the Canadian landmark.
For half a decade, a Saskatoon family has been trying to bring their orphaned niece to Canada, they say now it’s a matter of life or death.
With dozens of WestJet flights unceremoniously cancelled to and from Vancouver International Airport Sunday, many travelers have been forced to sleep at the airport, or pay out of pocket for a flight from another airline.
A new spot to snap a picture popped up in Coal Harbour this weekend, and it’s pretty hard to miss it.
A crowd of around 100,000 people were treated to a surprise appearance from a B.C. star during Coldplay’s set at Glastonbury Festival in England this weekend.
Balloons, confetti and bubbles filled the air as thousands of people came together in downtown Toronto on Sunday for one of the biggest annual Pride celebrations in Canada.
Travellers flying with WestJet continue to watch as the airline cancels more flights due to a sudden strike by its mechanics union.
What a difference a year can make for a Major League Baseball pitcher.
A strike by WestJet plane mechanics forced the airline to cancel hundreds more flights on Sunday, upending the plans of roughly 110,000 travellers over the Canada Day long weekend and prompting the carrier to demand action from the federal government.
Emergency crews are on scene of a serious collision along Highway 36 north of Taber.
A fire destroyed one of Calgary’s favourite watering holes early Sunday morning.
The national Canada Day celebrations will be held at LeBreton Flats, while festivities are also planned on Parliament Hill and in Old Hull. Across Ottawa, Canada Day celebrations will be held in communities.
CTVNewsOttawa.ca looks at what's open and closed in Ottawa over the Canada Day long weekend.
Several events across the city will be hosting fireworks displays as part of their celebrations next Monday, while residents are allowed to host private fireworks displays on June 30, July 1 and July 2.
A pedestrian in his 70s was struck and killed at an intersection in Brossard, on Montreal's South Shore.
Quebec merchants are facing another deadline to comply with new French language rules found in Bill 96 related to the size of French script on signage.
Canadian keeper Maxime Crepeau is among the five soccer players from Quebec making names for themselves as Canada advances to the Copa America quarterfinals.
A man was shot and killed by police Saturday night after a car crash in northeast Edmonton.
Several people were injured Saturday night after a man allegedly stole an occupied RV during a police chase at a campground in Lloydminster.
A strike by WestJet plane mechanics forced the airline to cancel hundreds more flights on Sunday, upending the plans of roughly 110,000 travellers over the Canada Day long weekend and prompting the carrier to demand action from the federal government.
At least five players with Maritime connections were selected during this weekend’s 2024 National Hockey League Entry Draft.
Colchester County District RCMP said a man involved in a stabbing Sunday morning in Tatamagouche, N.S., has been arrested.
A young filmmaker is celebrating after winning an award for his documentary “Visible.â€
A 31-year-old man is dead and two others are still missing after a group of boaters disappeared near Grand Rapids early Friday morning.
Central Park transformed into a hub for Indigenous culture on Sunday afternoon as part of this year’s Sakihiwe Festival. The free event brings music, art, fashion and heritage to inner city communities.
Winnipeg Fire Paramedic Service (WFPS) crews were at the scene of a blaze in the city’s Centennial neighbourhood on Sunday morning.
The Regina Police Service (RPS) released photos of the suspect involved in an assault with a weapon on Friday night in the North Central neighbourhood.
Canada Day is on Monday, and here's what’s happening in the Queen City and some things to keep in mind.
Katepwa Point Provincial Park received an upgrade on Sunday, courtesy of Co-op.
Members of a pro-Palestinian encampment at the University of Waterloo have broken their silence surrounding a lawsuit and injunction filed by the school.
From abandoned animals to an 'unbearable' living situation and a fond farewell to one of CTV Kitchener's own, here are the most-read stories of the week.
Starting on July 1, all drivers pulled over by Waterloo Regional Police Service (WRPS) officers may face an alcohol screening test.
Significant rainfall on Thursday and Friday put a major damper on people’s long weekend camping plans at Pike Lake Provincial Park, about 40 kilometres south of Saskatoon.
A Saskatoon staple, Nestor's bakery, which was founded nearly a century ago and has served Ukrainian baked goods on 20th street, will be changing ownership.
WestJet service out of Saskatoon is grinding to a halt on Canada Day long weekend after the airline’s mechanics walked off the job on Friday, citing the company’s “unwillingness to negotiate.â€
Two northern Ontario drivers were stopped by provincial police for stunt on Highway 69 driving on Friday.
A Greater Sudbury senior says she will be homeless after being evicted from her apartment.
There is ongoing research to better understand the relationship between social connection and healthy aging, and why the brains of super agers look different compared with their peers.
Several area athletes are heading to the Olympics in Paris and the U20 World Championships in Peru after qualifying at the Bell Track and Field Championships in Montreal Friday.
Fire crews were called to the scene of a detached garage fire in the 100-block of Springbank Drive late Saturday night.
On Saturday evening, St. Thomas police were contacted by loss prevention at a local store located at 1063 Talbot St.
Provincial police have confirmed that a man was found dead near the Highway 400 and Bayfield Street overpass in Barrie on Friday.
Officers have shut down a riding trail due to a crash in Port Severn.
Muskoka's first-ever annual traditional Powwow brought hundreds to Bracebridge for a weekend of First Nations culture.
If you're driving around Windsor and notice a group of cyclists clad in maple leaf gear, they want you to know it's part of a long-standing tradition for Canada Day among friends and family.
As Bob Stevenson approaches his 100th birthday, he continues to drive independently, tend to his garden daily, and make time to visit his 92-year-old fiancée.
One man is in custody after a lengthy standoff with Windsor police.
Dozens of WestJet flights to and from Vancouver International Airport were cancelled Sunday, as a strike by airline mechanics continues.
With dozens of WestJet flights unceremoniously cancelled to and from Vancouver International Airport Sunday, many travelers have been forced to sleep at the airport, or pay out of pocket for a flight from another airline.
A B.C. man who reneged on a deal to split the cost of removing a tree with his next-door neighbour is now on the hook for the whole amount, B.C.’s civil resolution has ruled.
A severe thunderstorm watch is in effect Sunday for a swath of the B.C. Interior, according to Environment and Climate Change Canada.
Mounties in Kelowna say a suspect is at large after a man was stabbed in the city Sunday afternoon.
Police are remaining tight-lipped about a woman’s death in a Kelowna park on Friday.
With the recent moisture and cooler temperatures, fire bans and restrictions in the Lethbridge area are no longer in effect.
Plenty of tourists will descend on Lethbridge to see what the city offers. Locals, too, will have no shortage of activities this weekend.
The 122-year-old Raymond Stampede is set to get underway this weekend, but this year’s event will occur at a new location.
For the last several years Manitoulin Transport has been delivering food, medical supplies and cleaning materials to Ontario Wildlife Rescue centres across the province at no charge.
Sault police did nothing wrong when a man had a medical crisis while in a police cell, Ontario’s police watchdog has concluded.
Municipal officials and provincial police are baffled by the theft of some unique deer in the northern Ontario community of Elliot Lake.
The remains of a soldier from Newfoundland killed in the battlefields of France during the First World War will be laid to rest in St. John's Monday, bringing an emotional end to a years-long effort in a place still shaken and forever changed by the bloodshed.
It was a battle ripped from the pages of a storybook: Ten soldiers held off hundreds of German troops to save a small French village in the First World War.
A judge dismissed all sexual misconduct charges against a Newfoundland lawyer Thursday, saying repeated inconsistencies and falsehoods in the complainant's accounts eroded her credibility and left him unable to believe her allegations.
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