US actor Alec Baldwin participates in 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 the actor’s trial, after ruling that prosecutors improperly kept evidence about live ammunition related to the case secret from defense lawyers.
Judge Mary Marlowe Sommer tossed the case against Baldwin, which related to the October 2021 accidental shooting death of cinematographer Halyna Hutchins on the set of his movie “Rust,” with prejudice. That means prosecutors cannot retry the “30 Rock” actor.
Baldwin wept as the decision was announced, on what was the third day of trial in the case in state court in Santa Fe. He soon after embraced his wife Hilaria.
“There is no way for the court to right this wrong,” Sommers said, referring to the prosecution’s actions. “The sanction of dismissal is the only warranted remedy.”
Under U.S. criminal law, prosecutors must turn over evidence to defense lawyers if that evidence is potentially helpful to a defendant.
A defense lawyer for Hannah Gutierrez-Reed, who served as the armorer on the “Rust” production, in a statement said he will seek her immediate release from prison, where she is currently serving an 18-month prison sentence after being convicted in March of involuntary manslaughter in Hutchins’ death.
Guitierrez-Reed’s lawyer, Jason Bowels, said the prosecution in Baldwin’s and his client’s case had engaged in an “absolutely shocking” pattern of misconduct.
US actor Alec Baldwin and his wife Hilaria Baldwin embrace during his trial on involuntary manslaughter at Santa Fe County District Court in Santa Fe, New Mexico, on July 12, 2024.
Ramsay De Give | 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 conducted a hearing on the defense’s claims.
Defense lawyers cited the ammunition in the possession of prosecutors, which had not been previously disclosed to Baldwin’s team.
“We don’t know if it’s a live ammunition match or not,” Baldwin’s attorney Luke Nikas told Sommer, according to the Associated Press. “But we do know that the state had it, and it’s disclosable.”
Prosecutors in turn claimed that the ammo was not related to the case.
Brian Parrish, a lawyer for Hutchins’ widower Matthew Hutchins, in a statement, said, “We respect the court’s decision.”
The dismissal comes 16 months after the charges against Baldwin were first tossed out by prosecutors after they said “new facts” had emerged that required further investigation.
The case was refiled against him earlier this year.
Judge Mary Marlowe Sommer speaks during a pretrial hearing in Santa Fe, New Mexico, on July 8, 2024. US actor Alec Baldwin is facing a single charge of involuntary manslaughter in the death of a cinematographer.
Ross D. Franklin | ADP | Getty Images
Baldwin was rehearsing a scene when a revolver he was handling fired, killing the 42-year-old Hutchins.
Since the shooting, Baldwin has denied that he pulled the trigger of the weapon and said that he had been told the gun was unable to be fired when it was handed to him.
He had faced the possibility of being sentenced to 18 months in prison if convicted in the case.