Alec Baldwin’s lawyers argue damage to gun during testing was destruction of evidence

Judge Mary Marlowe Sommer said she expects to issue a ruling on the motion to dismiss on Friday

Alec Baldwin’s lawyers have argued that damage done during FBI testing on a revolver that killed a cinematographer on the set of the film Rust has stripped them of the ability to mount a proper defence at the actor’s forthcoming trial (Evan Agostini/Invision/AP)

Alec Baldwin’s lawyers have argued that damage done during FBI testing on a revolver that killed a cinematographer on the set of the film Rust has stripped them of the ability to mount a proper defence at the actor’s forthcoming trial, and asked a New Mexico judge to dismiss the involuntary manslaughter charge against him.

“They understood that this was potentially exculpatory evidence and they destroyed it anyway,” lawyer John Bash said during a virtual court hearing on Monday. “It’s outrageous and it requires dismissal.”