Alex Baldwin on Friday urged a New Mexico judge to stand by her decision to throw out his lawsuit and dismiss involuntary manslaughter charges against the actor in the fatal shooting of a cinematographer on the set of a Western film.
State District Court Judge Mary Marlow Somer the case was dismissed The case was filed in July in the midst of a trial against Baldwin based on evidence withheld from the defense by police and prosecutors 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 appeals against the verdict are exhausted.
Special Prosecutor Kari Morrissey recently asked the judge to reconsider, He argued that the facts were insufficient and that Baldwin's due process rights were not violated.
Baldwin, the lead actor and co-producer of “Rust,” was pointing a gun at cinematographer Helena Hutchins during a rehearsal when the shot 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 evidence that ended the case was ammunition that was brought to the sheriff's office in March by a man who said it might be related to Hutchins' murder. Prosecutors said they considered the ammunition unrelated and unimportant, while Baldwin's attorneys alleged they “buried” it and filed a successful motion to dismiss the case.
In her decision to dismiss the Baldwin case, Marlo Sommer explained “Serious search violations This also includes “constituting misconduct” by law enforcement and prosecutors, as well as false testimony by a witness about physical evidence during a trial.
Defense attorneys say prosecutors attempted to draw a connection between the live ammunition on set and Gutierrez-Reid to argue that Baldwin should have recognized the weapons manufacturer's youth and inexperience.
“Baldwin had a right to find out the truth at trial, particularly after he requested to see ‘all rounds, casings, and deconstructed rounds’ that were in the state’s possession,” the new court filing from defense attorneys states. “Yet the state intentionally withheld the evidence Baldwin sought.”
Hannah Gutierrez-Reed, armorer from the movie “Rust”, is serving an 18-month sentence Conviction for involuntary manslaughter.
He was accused of violating standard safety protocols and missing several opportunities to detect prohibited live ammunition on the set.
Assistant director and security coordinator David Halls pleaded no contest to a charge of reckless use of a deadly weapon and was sentenced to six months of unsupervised probation.
A plea of no contest is not an admission of guilt, but is treated as such for sentencing purposes.
