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Alec Baldwin 'wants his day in court' as district attorney disputes claim 'Rust' firearm has been destroyed

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LOS ANGELES - Alec Baldwin's lawyer told a judge Thursday the "30 Rock" actor "wants his day in court," and claimed the gun used in the fatal "Rust" shooting was destroyed by the state.

Heather Brewer, spokesperson for the office of the First Judicial District Attorney, then confirmed with Fox News Digital that the gun has "not been destroyed by the state.""The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state.

The gun is in evidence and is available for the defense to review," Brewer said. "The defense's unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI's July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI's functionality testing.

However, the gun still exists and can be used as evidence." Baldwin previously pleaded not guilty to two counts of involuntary manslaughter in the death of cinematographer Halyna Hutchins.

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