The lawyers wrote: “Whether the state’s misconduct was intentional or purported to be just careless, severe remedies are warranted.”
They have asked Judge Mary Marlow Sommer to dismiss the indictment or “reduce the prejudice that the state’s misconduct has caused” by precluding all of the “testimony, evidence and argument related to the contention that Baldwin must have pulled the trigger.”
Baldwin’s lawyers want the judge to force the state to disclose its final witness list and “outstanding document productions”, including answers to their client’s questions relating to the investigation.
Last month, the judge denied a motion to dismiss the charge.
She ruled the court did not find the jury had been improperly instructed, nor did the prosecution violate instructions of the grand jury judge.
Baldwin’s lawyers had argued for the case to be dismissed due to “destruction of evidence” and prosecutors’ “failure to allege a criminal offence”.
A hearing is scheduled to take place on June 21, when the judge will also hear a motion from the state to compel Rust armourer Hannah Gutierrez-Reed — who was previously sentenced to 18 months’ prison for involuntary manslaughter in relation to Hutchins’ death — to testify during the trial.