A judge in New Mexico heard actor Alec Baldwin's legal team's motion to dismiss his involuntary manslaughter indictment on Friday, just two months before he is scheduled for trial for the deadly accidental shooting on the set of his movie "Rust."
Baldwin was holding a prop Colt .45 revolver when the gun went off with a live round, killing the movie's cinematographer Halyna Hutchins and injuring director Joel Souza.
Baldwin was not seen on camera during the virtual hearing Friday when his attorneys accused prosecutors of violating rules and acting unethically by not presenting exculpatory evidence to the grand jury.
"There were no witnesses there to testify, there was no evidence binder, so even if somebody wanted to talk to somebody there was no time or ability," said defense attorney Alex Spiro.
In response to Baldwin's lawyers, prosecutors argued that they followed protocol.
"Where we disagree with the defense is on the facts as they have presented them to the court," said prosecutor Kari Morrissey.
They also say Baldwin, who was a producer on the film, was responsible for unsafe working conditions and missed concerns about the film's armorer, Hannah Gutierrez-Reed. A jury found her guilty in March of involuntary manslaughter for failing to perform safety checks and bringing live ammunition to set.
Gutierrez-Reed is appealing her conviction and 18-month prison sentence. A decision from the judge is expected next week. Baldwin's trial is set for July.
