Alec Baldwin‘s manslaughter trial took a surprising turn on Friday as the jury was dismissed for the day while the court discusses a motion filed by the defense.

Baldwin’s legal team claims live ammunition that came into the hands of local law enforcement officials related to the investigation into the deadly on-set Rust shooting was “concealed” from them.

In an expedited motion filed late Thursday, the defense argued the case should be dismissed over the handling of the ammunition evidence. During court on Friday, the state argued the evidence has no exculpatory value and is not relevant to Baldwin’s case.

The matter was initially raised during court on Thursday, the second day of the actor’s involuntary manslaughter trial over the death of Rust cinematographer Halyna Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver discharged a live round.

Defense attorney Alex Spiro asked state’s witness Marissa Poppell, a crime scene technician with the Santa Fe County Sheriff’s Office who collected evidence in the case, about a “good Samaritan” who handed over ammunition to the Sheriff’s Office in March — at the conclusion of Rust armorer Hannah Gutierrez‘s trial. 

That ammunition had reportedly ended up with Seth Kenney, who supplied the film with firearms, blanks and inert dummy rounds that are supposed to be used for closeups.

Gutierrez was convicted of involuntary manslaughter in Hutchins’ death, with prosecutors arguing the armorer was the source of the live bullet that killed her and saying Gutierrez failed to follow safety protocols meant to protect the crew while handling the firearms.

Defense attorney Luke Nikas charged that the evidence was “concealed,” adding prosecutor Kari Morrissey “does not get to determine what has evidentiary value and what doesn’t.”

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