Alec Baldwin’s lawyer says gun used in ‘Rust’ shooting ‘destroyed by the state’

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ALBUQUERQUE, N.M. — Attorneys for “Rust” actor and producer Alec Baldwin met with a judge Thursday to review the next steps in his case.

However, there was a bombshell development in the routine scheduling conference. Baldwin’s high-profile defense attorney said he felt compelled to tell the judge about a key piece of evidence.

“The court, I don’t think is aware at this point, but I think I should tell the court – the firearm, in this case, that’s, um, great subject of it – was destroyed by the state,” Alex Spiro, Baldwin’s defense attorney, said. “So that’s obviously an issue and we’re going to have to see that firearm, or what’s left of it.”

The gun in question was sent to the FBI lab for a full forensic analysis.

Baldwin, now infamously, claimed that he never pulled the trigger when he pulled out the revolver rehearsing the scene – when the gun went off and Halyna Hutchins was shot and killed.

However, the FBI report showed the gun was functioning normally, and the trigger had to have been pulled for it to fire.

Baldwin’s defense team wants to see “what’s left of it” themselves.

The last issue addressed by the court was about scheduling and the dozens of witnesses the state is preparing to call.

“We have filed our witness list, if we narrow it down, when we determine it, I will let defense counsel know,” said Mary Carmack-Altwies, Santa Fe County district attorney. “But, I would ask you not give us a deadline for that.”

Her request was denied. The judge set a deadline and now a lengthy two-week preliminary hearing is set for early May. That’s when a judge will decide if there’s enough evidence to move this case to trial.

Baldwin’s attorneys also filed a motion Thursday morning to waive his right to appear at all status conferences.