Prosecutor: Alec Baldwin’s Trial Wrongly Dismissed, Opposes Armorer Retrial

The special prosecutor in Alec Baldwin’s dismissed involuntary manslaughter trial isn’t taking the case being tossed out last month over suppressed evidence quietly.

In a July 31 filing made public today, Kari Morrissey stated that Judge Mary Marlowe Sommer was determined to end Baldwin’s trial for the 2021 fatal shooting of Rust cinematographer Halyna Hutchins and flawed in her reasoning. Rehashing Baldwin and Hannah Gutierrez-Reed’s cases in her response to the incarcerated Rust armorer’s request for a new trial, Morrissey is determined that Gutierrez-Reed doesn’t deserve another chance.

“Based on the Court’s off-record statement, it was apparent that the Court was intending to dismiss the case,” Morrissey mentioned regarding that dramatic day in the Santa Fe Country courthouse just over two weeks ago when suppressed evidence was revealed and the prosecutor took the stand herself. “Although the Court’s final order has not yet been filed, undersigned counsel contends that the Court misunderstood the testimony on July 12, 2024, and improperly dismissed the case against Mr. Baldwin,” Morrissey wrote.

Whether Morrissey is directing her frustration at New Mexico judge Sommer, her former fellow special prosecutor Erlinda Johnson (who abruptly resigned mid-trial on July 12), an “unsatisfactory” paralegal she fired, Gutierrez-Reed’s lawyer Jason Bowles, or Baldwin and the armorer for not accepting plea deals is hard to tell – it might be a combination of all. What is clear is that Morrissey isn’t conceding and believes defense attorney Bowles is attempting to get his client out of state prison or a retrial.

“If the Court were to decide that the dismissal of the case against Mr. Baldwin was proper, there is one significant difference – in the Gutierrez case, the State was not in possession of the Teske ammunition prior to trial (although arguably Mr. Bowles was), in the Baldwin case, the State was in possession of the Teske ammunition.” The prosecution’s filing highlights the Colt .45 rounds that surfaced from ex-Arizona cop Troy Teske, a close friend of Gutierrez-Reed’s legendary Hollywood gun coach father. “Mr. Bowles is comparing apples and oranges and trying to make a square peg fit in a round hole.”

When contacted, Bowles had no comment on Morrissey’s filing and claims. However, it wouldn’t be surprising if he and other members of Gutierrez-Reed’s team respond sooner rather than later.

Hutchins was fatally shot, and Rust director Joel Souza was injured on October 21, 2021, after the Colt .45 Baldwin was pointing at the director of photography fired a live round during rehearsals at the Bonanza Creek Ranch near Santa Fe. Re-charged with involuntary manslaughter in January, exactly a year after being initially charged following a failed plea deal, Baldwin entered a not guilty plea in the ensuing weeks.

In April, Gutierrez-Reed was sentenced to 18 months in a New Mexico state prison after being found guilty of involuntary manslaughter for the live round that ended up on the chaotic Rust set. Bowles has made several attempts since the sentencing to appeal his client’s conviction or secure her bail while the appeal proceeds – all unsuccessful so far.

Alec Baldwin was also facing up to 18 months in state prison if found guilty in his trial.

The revelations about the Teske bullets and the dismissal of Baldwin’s case have introduced the possibility that Gutierrez-Reed could be released in some form.

Ultimately, just like Baldwin, the fate of Gutierrez-Reed rests in the hands of Judge Sommer.

Morrissey’s filing mentioned that a final order from Judge Sommer hadn’t been issued yet. However, Judge Sommer indeed issued the final order on July 31, the same day Morrissey’s comprehensive response in the Gutierrez-Reed case was first submitted. Without any ambiguity, Judge Sommer’s 21-page ruling stated that dismissing Baldwin’s case was the only option to rectify the significant unfairness that the State’s misconduct and its repercussions in the trial had imposed on the proceedings.