American actor Alec Baldwin attends a pretrial hearing in Santa Fe, New Mexico, on July 8, 2024.
Ross D. Franklin | AFP | Getty Images
A New Mexico judge on Friday dismissed the criminal involuntary manslaughter case against Alec Baldwin on the third day of his trial, ruling that prosecutors improperly withheld live ammunition evidence related to the case from defense attorneys.
Judge Mary Marlowe Sommer dismissed with prejudice the case against Baldwin related to the October 2021 shooting of cinematographer Halyna Hutchins in her film “Rust” Related to an accidental shooting on the set. That means prosecutors can’t retry the “30 Rock” actor.
Baldwin cried as the decision was announced on the third day of the case in state court in Santa Fe. Soon after, he hugged his wife Hilaria.
“There is nothing the court can do to right this wrong,” Summers said of the prosecutors’ conduct. “The sanction of dismissal is the only reasonable remedy.”
Under U.S. criminal law, prosecutors must turn over evidence to defense attorneys if the evidence is potentially helpful to the defendant.
Defense attorneys for Hannah Gutierrez-Reed, who worked as an armorer on the production of “Rust,” said in a statement that he would seek her immediate release from custody in March. Convicted and currently serving 18 months in prison.
Jason Bowles, Gitierrez-Reed’s attorney, said there was “absolutely egregious” misconduct by prosecutors in the case against Baldwin and his client.
American actor Alec Baldwin and his wife Hilaria Baldwin embrace during his manslaughter trial at the Santa Fe County District Court in Santa Fe, New Mexico, on July 12, 2024.
Ramsey de Giff | Ramsey de Giff AFP | Getty Images
Earlier Friday, Sommer had sent jurors home for the weekend after receiving a motion from Baldwin’s attorneys seeking to dismiss the case. She then held a hearing on the defense’s claims.
Defense attorneys cited ammunition prosecutors had that had not been previously disclosed to Baldwin’s team.
“We don’t know if this was a live-fire match,” Baldwin’s attorney, Luke Nikas, told Sommer, according to the Associated Press. “But we do know that the state has it and it’s available to the public.”
Prosecutors later claimed the ammunition was irrelevant to the case.
Brian Parrish, an attorney for Hutchins’ widower, Matthew Hutchins, said in a statement, “We respect the court’s decision.”
Prosecutors first dropped charges against Baldwin 16 months ago, saying “new facts” had emerged that required further investigation.
The case was filed again against him earlier this year.
Judge Mary Marlowe Sommer speaks during a preliminary hearing on July 8, 2024 in Santa Fe, New Mexico. accusation.
Ross D. Franklin | ADP | Getty Images
Baldwin was rehearsing a scene when a revolver in his hand opened fire, killing 42-year-old Hutchins.
After the shooting, Baldwin denied pulling the trigger of the weapon and said he was told not to fire the gun when it was handed to him.
If convicted in this case, he could be sentenced to 18 months in prison.
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