Alec Baldwin urged a New Mexico judge on Friday to stand by her decision to scuttle his trial and dismiss an involuntary manslaughter charge against the actor in the fatal shooting of a cinematographer on the set of a Western movie.
State district court judge Mary Marlowe Sommer dismissed the case against Baldwin halfway through a trial in July based on the withholding of evidence by police and prosecutors from the defence in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film Rust.
The charge against Baldwin was dismissed with prejudice, meaning it cannot be revived once any appeals of the decision are exhausted.
Special prosecutor Kari Morrissey recently asked the judge to reconsider, arguing that there were insufficient facts and that Baldwin’s due process rights had not been violated.
Baldwin, the lead actor and co-producer on Rust, was pointing a gun at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing.
Prosecutors said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case.
In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
Defense counsel says that prosecutors tried to establish a link between the live ammo on set and Gutierrez-Reed, to drive home the argument that Baldwin should have recognised the armourer’s blundering youth and inexperience.
“Baldwin was entitled to pursue the truth at trial, especially after he requested to see ‘all rounds, casings and deconstructed rounds’ in the state’s possession,” the new court filing by the defence states.
“Yet the state deliberately withheld the evidence that Baldwin had requested.”
Rust movie armourer Hannah Gutierrez-Reed is serving an 18-month sentence on a conviction for involuntary manslaughter.
She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set.
Assistant director and safety coordinator David Halls pleaded no-contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation.
A no-contest plea is not an admission of guilt but is treated as such for sentencing purposes.
