Case Against Alec Baldwin for Manslaughter Dismissed: Judge Accuses Prosecutors of Evidence Concealment

The manslaughter case against Alec Baldwin has been dismissed after a judge accused prosecutors of failing to turn over a batch of bullets to the defence. An envelope with ammunition was brought into the courtroom, which the prosecution did not show to the defence. In other words, the state concealed evidence that could shed light on how the live ammunition got to the film set, where the filmmaker was fatally wounded.

Judge Mary Marlowe Sommer dismissed the case, ruling that no other sanction was sufficient.

"The state is very much at fault for failing to provide the defendant with information," said Marlow Sommer. "Dismissal with prejudice is justified."

She made it clear that she was appalled by the failures of the prosecution.

Judge Sommer also ruled that Baldwin's case could not be retried under the double jeopardy principle. 

"If this behaviour does not rise to the level of bad faith, it is certainly so close to bad faith that it has the hallmarks of malice," the judge said.

Baldwin's dismissal was with prejudice, meaning that Mr Baldwin's prosecution is over. Had he been found guilty of manslaughter, Mr Baldwin would have faced up to 18 months in prison.

"This has been a disaster for the New Mexico court system," said John Day, a lawyer and local legal commentator. "They got huge public funds to investigate this case. And this is what happened to it. It was an absolute disaster."

The defence argued that prosecutors had deliberately concealed ammunition that had been handed over to investigators in March and was relevant to the case. Erlinda Johnson, one of the two special prosecutors, resigned on Friday over concerns about the evidence.

Kari Morrissey, the chief prosecutor, said outside the courthouse that she disagreed with the judge but respected the court's decision.

Previously convicted Hannah Gutierrez Reed, the shooter in the film Rust, demanded her immediate release from prison as she prepares to seek a new trial. According to court documents filed on 27 June, Gutierrez Reed's lawyer accused prosecutors of withholding "exculpatory evidence" that would have led to a "fundamentally different trial and likely different outcome".

As a reminder, Alec Baldwin stood trial before a jury for the manslaughter of Ukrainian cinematographer Halyna Hutchins on the set of the film Rust two years ago.  Baldwin pointed a shotgun at cameraman Halyna Hutchins during a scene rehearsal when he fired, killing her and wounding the film's director.

Baldwin, 66, says he did not know the gun was loaded and did not pull the trigger. Prosecutors say he behaved recklessly on set and repeatedly changed his story after the tragic events of October 2021. Numerous attempts by Baldwin's lawyers to have the case dismissed have failed.