Alec Baldwin asks judge to uphold dismissal in “Rust” shooting case

Alec Baldwin is urging a New Mexico judge to uphold her ruling to dismiss an involuntary manslaughter charge linked to the fatal shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”

The charge against Baldwin was dismissed by State District Court Judge Mary Marlowe Sommer during the trial in July. The dismissal was prompted by revelations that law enforcement and prosecutors had withheld key evidence from the defense team in the 2021 shooting incident.

By dismissing the charge with prejudice, Judge Sommer ensured that the case cannot be brought against Baldwin again once any appeals have been exhausted.

Recently, special prosecutor Kari Morrissey petitioned the judge to reevaluate the dismissal. Morrissey argued that there were insufficient facts to warrant the claim that Baldwin’s due process rights had been violated.

During a rehearsal for “Rust,” Baldwin was handling a revolver when it accidentally discharged, resulting in Hutchins’ death and injuring director Joel Souza. Baldwin has maintained that he did not pull the trigger, asserting he only pulled back the gun’s hammer.

Key to the dismissal was evidence surrounding ammunition introduced into the sheriff’s office by an individual in March, claiming it may be connected to Hutchins’ death. Prosecutors dismissed the ammunition as unrelated, but Baldwin’s legal team contended that crucial evidence was improperly concealed, leading to a successful motion to dismiss the case.

In her ruling, Judge Sommer criticized what she called “egregious discovery violations” by both law enforcement and prosecutors, as well as false testimony regarding physical evidence provided by a witness during the trial.

The defense argued that prosecutors attempted to connect live ammunition found on set with armorer Hannah Gutierrez-Reed, aiming to support their narrative that Baldwin should have been aware of the armorer’s inexperience and oversight.

The defense’s latest legal filing emphasized that Baldwin had a right to pursue the truth during the trial, especially after formally requesting access to all ammunition and related materials held by the state. They claim that the state intentionally withheld evidence pertinent to Baldwin’s defense.

Hannah Gutierrez-Reed, the armorer of “Rust,” is serving an 18-month sentence after being convicted of involuntary manslaughter for her failure to adhere to safety protocols, which included failing to identify live ammunition on set.

Additionally, assistant director David Halls has entered a no-contest plea to charges of negligent use of a deadly weapon. He received a six-month sentence of unsupervised probation as a result. A no-contest plea is treated similarly to a guilty plea in court, although it does not admit guilt.