Judge Criticizes Prosecutors for Misconduct in Alec Baldwin ‘Rust’ Case

The judge overseeing Alec Baldwin’s Rust shooting case reprimanded New Mexico prosecutors for “willful and deliberate misconduct” in a written order issued on Wednesday. The censure was over evidence handling related to the accidental death of cinematographer Halyna Hutchins.

Judge Mary Marlowe Sommer determined that the prosecution had “intentionally and deliberately withheld” crucial evidence from Baldwin’s defense team, according to The Hollywood Reporter. Judge Sommer noted that lead special prosecutor Kari Morrissey provided “inconsistent” testimony about the withheld evidence.

The judge emphasized the importance of the evidence related to the source of the live round that killed Hutchins. This information, along with details about how the live round ended up on the Rust set, could significantly influence the jury’s understanding of proximate cause and negligence by third parties.

In a surprising turn last month, Sommer dismissed the single felony count against Baldwin after his attorneys questioned the handling of evidence by New Mexico law enforcement and prosecutors. It was discovered that a batch of live ammunition, turned over by retired officer Troy Teske, had been collected and booked by the Santa Fe County Sheriff’s Office but was not shared with the defense or included in a supplemental evidence report.

Delivering her ruling in July, Sommer highlighted that the withheld evidence could have supported Baldwin’s defense. This evidence could have challenged the prosecution’s theory and bolstered Baldwin’s claim that the fatal shooting was unforeseeable. “There is no way for the court to right this wrong,” Sommer stated before dismissing the case with prejudice.

This major development concluded the three-year prosecution of Baldwin following Hutchins’ tragic death on October 21, 2021. The incident occurred when the prop gun Baldwin was using discharged during a rehearsal, hitting Hutchins and injuring Rust director Joel Souza. Baldwin, who has pleaded not guilty to involuntary manslaughter, has consistently maintained that he did not pull the trigger.