A prosecutor asked a New Mexico judge to reconsider the decision to dismiss an involuntary manslaughter charge against Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western movie, according to a court filing made public Wednesday.
Special prosecutor Kari Morrissey said there were insufficient facts to support the July ruling and that Baldwin’s due process rights had not been violated.
State District Court Judge Mary Marlowe Sommer dismissed the case halfway through a trial based on the withholding of evidence by police and prosecutors from the defense 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 can’t be revived once any appeals of the decision are exhausted.
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.
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In the request to reconsider, Morrissey argued again that the undisclosed ammunition was not relevant to the case against Baldwin, which hinged on his responsibility to handle a gun safely under familiar industry guidelines.
“No one on the prosecution team … ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case even if they were the same or similar to the live rounds found on the set of ‘Rust,’” Morrissey wrote.
She asserted that defense attorneys knew about the rounds but canceled an opportunity to view them prior to trial.
“This is a smoke screen created by the defense and was intended to sway and confuse the court … and it was successful,” Morrissey wrote.
Baldwin attorney Luke Nikas said a response will be filed with the court, without further comment.
Movie armorer 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 isn’t an admission of guilt but is treated as such for sentencing purposes.
It hasn’t been officially determined who brought the live rounds that killed Hutchins to the set, though prosecutors allege that Gutierrez-Reed was responsible.
The ammunition that skuttled the case was handed over to a Santa Fe County Sheriff’s Office crime scene technician who filed the evidence under an unrelated case number. Three of those rounds resembled live rounds that were collected from the “Rust” set after the fatal shooting.
The mysterious ammunition was dropped off at the sheriff’s office by Troy Teske, of Bullhead City, Arizona, who routinely stored weapons and ammunition for his friend and longtime movie-gun coach Thell Reed — Gutierrez-Reed’s stepfather and mentor as a film-set armorer.
Morrissey asked the judge to order defense attorneys to show when and how they learned of the ammunition provided by Teske, calling the defense motion to dismiss the case “all a ruse.”
Attorneys for Baldwin have said he was unaware that live ammunition had been brought to the film set and that prosecutors hid evidence while trying to establish a link between the live ammo on set and Gutierrez-Reed. They said prosecutors wanted to drive home the argument that Baldwin should have recognized the armorer’s blundering youth and inexperience.
Gutierrez-Reed is seeking the dismissal of her involuntary manslaughter conviction based on the allegations of suppressed evidence that emerged at Baldwin’s trial.
Separately, Gutierrez-Reed has requested a hearing on a proposal to change her plea to guilty in exchange for a deferred sentence on a felony firearms charge pertaining to accusations that she took a gun into a Santa Fe bar weeks before “Rust” began filming.
Under the agreement with prosecutors, Gutierrez-Reed would serve 18 months under supervised probation with the potential for incarceration for probation violations. Terms of probation agreement, if approved, would forbid possession of firearms and the consumption of drugs or alcohol and would require registration in a criminal justice DNA database.
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