A judge has ruled that Alec Baldwin's criminal trial will go ahead next month, upholding the involuntary manslaughter charge against him for a third time.

On Friday, 28th June 2024, Judge Mary Marlowe Sommer reaffirmed the charge against the 66-year-old actor, despite his lawyers' attempts to have the case dismissed. Baldwin's defence argued that "due process" had been violated because the gun, which fatally shot cinematographer Halyna Hutchins on the set of 'Rust' in October 2021, had been destroyed during government testing, preventing them from conducting their own tests.

The judge considered testimony and arguments on the motion on 21st and 24th June before delivering her decision. She stated: "The Court finds and concludes that Defendant fails to establish that the State acted in bad faith when destroying certain internal components of the firearm in the course of the accidental discharge testing.

"In other words, the evidence before the Court does not demonstrate that the State or its agents knew that the unaltered firearm possessed exculpatory value at the time of accidental discharge testing, and nonetheless destroyed it, thereby indicating that the evidence may have exonerated the Defendant."

However, the judge emphasised that prosecutors must "fully disclose the destructive nature of the firearm testing, the resulting loss, and its relevance and import to the jury."

She added: "The State must examine appropriate witnesses to achieve this disclosure. In addition, Defendant remains entitled to cross-examination of the State's witnesses, to further accomplish this remedy."

Baldwin, who was holding the gun when it discharged, has maintained that he did not pull the trigger and was unaware that the weapon contained live ammunition, prompting prosecutors to order forensic testing on the firearm.