Alec Baldwin Could Still Have His Manslaughter Charge Dismissed: Legal Expert Explains an 'Unlikely' Scenario

• The Judge in Alec Baldwin rust the case upheld his involuntary manslaughter charge on May 24
• Before the judge ruled on Baldwin’s March motion to dismiss the case, Baldwin’s attorneys filed two more motions
• Legal expert Emily D. Baker, a former LA deputy district attorney who is not involved in the case, explains what happens next

The Judge in Alec Baldwin rust the case upheld his involuntary manslaughter charge on May 24, but the actor’s lawyers still hope the charge will be dismissed before his trial in July.

That’s “incredibly likely” to happen, legal expert Emily D. Baker, an attorney and former LA deputy district attorney not involved in the case, tells PEOPLE.

Even before Judge Mary Marlowe Sommer ruled on the 66-year-old’s March 14 motion to dismiss the case against him — in which the actor’s lawyers argued that special prosecutor Kari T. Morrissey had given damaging instructions to a grand jury that eventually charged by the actor in January — Baldwin’s lawyers filed two additional motions on May 6.

In those filings, they argued that the case should be dismissed due to the prosecutor’s “destruction of evidence” and “failure to allege a criminal offense.”

Everything you need to know about rust The shooting case and the upcoming trial of Alec Baldwin

Alec Baldwin on the set of the movie ‘Rust’. Courtesy of the Santa Fe County Sheriff’s Office

Baldwin’s lawyers “attacked the indictment first. Now they’re attacking other ways to get this dismissed because it’s better for their client to get it dismissed than to go to trial,” Baker explains. “It’s incredibly unlikely to happen.”

“Judges are reluctant to hand down indictments and these motions seek to dismiss the indictment in various legal ways,” Baker continues.

As for the alleged “destruction of evidence,” Baldwin’s lawyers claim that the FBI tested the gun Baldwin was holding on the set of the western in New Mexico. rust when he fired, killing cameraman Halyna Hutchins and wounding director Joel Souza, the gun was destroyed.

These tests were conducted to determine whether the gun could fire even if the trigger was not pulled; Baldwin insisted he never pulled the trigger and didn’t know the gun accidentally contained live ammunition.

‘Rust’ photographer Halyna Hutchins in 2018. Mat Hayward/Getty

Baker doesn’t believe defense attorneys’ arguments will sway the judge, based on what unfolded in Hannah Gutierrez-Reed’s trial. rust gunsmith convicted of manslaughter in March.

“I don’t think the case will be thrown out on that basis because what we heard at Hannah’s trial is that they were able to do a significant amount of test firing of the weapon before the destructive testing, so there’s a lot of information on the record,” she says.

As for Baldwin’s attorneys’ claim of the prosecutor’s alleged “failure to state a crime,” Baker explains, “They’re essentially arguing that Baldwin has no duty to check the gun and that the state’s claim that Baldwin has a duty to check the gun is not a valid argument.”

She says that argument is unlikely to sway Sommer: “Judges are more likely to let the jury decide on that than throw it out.”

Even if Baldwin’s efforts fail, his lawyers have been able to create more work for prosecutors, Baker says: “It keeps the prosecution very busy.”

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“I think the size of Baldwin’s legal team is in a position to overwhelm the prosecution with motions leading to trial because the prosecution doesn’t have nearly as many lawyers or as much support as Baldwin’s firms,” ​​Baker continues.

Baldwin’s recent requests list five defense attorneys; for the prosecution, Morrissey is working with attorney Erlinda Johnson, who was appointed special prosecutor in April, shortly before Jason J. Lewis withdrew from the case due to scheduling conflicts.

Alec Baldwin in New York in April.

A good man / SplashNews

What’s next? Prosecutors responded to both of Baldwin’s requests on May 6. Now defense attorneys have a chance to respond, and then Sommer can schedule a hearing to hear arguments from both sides.

“These deadlines will start to shorten because the trial is in July. So there’s a lot of work to do in June,” notes Baker, who says attorneys will also begin filing motions “about what evidence comes in or doesn’t come in” at trial.

“It’s a rollercoaster at this point in how quickly this trial is going to be before us, and there’s a lot of litigation that’s going to happen in the next month,” she adds.

She also thinks it’s “unlikely” that prosecutors will offer Baldwin another plea deal, which they did last year before withdrawing it. Says Baker: “All signs point to a trial unless something completely stunning happens in the next few weeks.”

If convicted of manslaughter, Baldwin faces up to 18 months in prison.

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Source: HIS Education