Alec Baldwin’s legal professionals stated Thursday that New Mexico authorities destroyed the firearm that killed cinematographer Halyna Hutchins on set of the film “Rust.”

“The court docket, I do not assume is conscious of this level, however I feel I ought to inform the court docket that the firearm on this case … was destroyed by the state,” Alex Spiro, considered one of Baldwin’s legal professionals, stated throughout a listening to Thursday. “That is clearly a difficulty and we’ll have to see that firearm, or what’s left of it.”

Prosecutors did not reply to Spiro’s assertion in the course of the listening to. They did not instantly reply to CNBC’s request for remark.

Baldwin, star and producer of “Rust,” was holding the gun when it killed Hutchins. He has denied he pulled the set off.

Legal professionals for Baldwin and the movie’s authentic armorer, Hannah Gutierrez-Reed, appeared nearly on the Thursday standing listening to. The defendants are charged with two various kinds of involuntary manslaughter following the October 2021 deadly capturing of cinematographer Halyna Hutchins. Each counts carry a most attainable sentence of 18 months in jail. A jury will resolve which of the 2 counts, if any, to convict on.

The prosecution is already going through strain for some errors it is made since launching the felony case simply over a month in the past. For instance, the potential 18-month jail sentence is a decrease penalty than Baldwin and Gutierrez-Reed have been initially up towards.

Particular prosecutor Andrea Reeb had initially mischarged Baldwin with a firearm enhancement that might add 5 extra years to his sentence if convicted. Reeb admitted in emails to Baldwin’s legal professionals that she had incorrectly utilized that enhancement, which was not in impact on the time of the capturing.

Baldwin’s legal professionals filed a movement on Feb. 7 for Reeb to recuse herself from the case, which she rejected on Monday.

Reeb is concurrently serving as particular prosecutor on the “Rust” case whereas serving as a Republican state legislator. New Mexico’s structure prohibits a member of 1 department of presidency from exercising the facility of one other department.

The DA’s workplace claimed in Monday’s court docket filings that as a result of particular prosecutors “don’t match squarely” inside both the manager or judicial department, the “logical conclusion” is that particular prosecutors belong to neither department. Of their February movement, Baldwin’s legal professionals had conversely argued that the facility of prosecution can’t be neatly categorized as both govt or judicial as a result of it falls into each branches.

A listening to on the disqualification movement will is scheduled for March 27.