Alec Baldwin breaks down as judge dismisses charges against him in Rust killing

Sante Fe: A New Mexico judge brought a sudden and stunning end to the involuntary manslaughter case against Alec Baldwin, dismissing it in the middle of the actor’s trial and saying it cannot be filed again.

Judge Mary Marlowe Sommer dismissed the case based on the misconduct of police and prosecutors over the withholding of evidence from the defence in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film Rust.

Actor Alec Baldwin hugs one of his attorneys after a judge threw out the involuntary manslaughter case against him.Credit: AP

Baldwin cried, hugged his two attorneys, gestured to the front of the court, then turned to hug his crying wife Hilaria, the mother of seven of his eight children, holding the embrace for 12 seconds. He climbed into an SUV outside the Santa Fe courthouse without speaking to the media.

“The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings,” Marlowe Sommer said. “If this conduct does not rise to the level of bad faith it certainly comes so near to bad faith to show signs of scorching.”

The evidence that sank the case, revealed during the trial’s second day of testimony on Thursday, was the existence of ammunition that was brought into the Santa Fe County Sheriff’s Office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged they “buried” it. The defence filed one of many motions they had made to dismiss the case over evidence issues. All the others were rejected. But this one took.

The judge’s decision ends the criminal culpability of the 66-year-old Baldwin after a nearly three-year saga that began when a revolver he was pointing at Hutchins during a rehearsal went off, killing her and wounding director Joel Souza.

“Our goal from the beginning was to seek justice for Halyna Hutchins, and we fought to get this case tried on its merits,” District Attorney Mary Carmack-Altwies said in a statement. “We are disappointed that the case did not get to the jury.”

The career of the Hunt for Red October and 30 Rock star and frequent Saturday Night Live host – who has been a household name for more than three decades – had been put into doubt, and he could have been jailed for up to 18 months if convicted.

Baldwin and other producers still face civil lawsuits from Hutchins’ parents and sister.

Prosecutors did get one conviction for Hutchins’ death. Hannah Gutierrez-Reed, the film’s armourer, was sentenced to 18 months in prison on an involuntary manslaughter conviction, which she is now appealing.

Baldwin broke down in tears as the manslaughter case against him was dismissed.Credit: AP

Her attorney Jason Bowles said that he would be filing a motion to dismiss his client’s case as well.

“The judge upheld the integrity of the system in dismissing the case,” he said in an email.

Marlowe Sommer put a pause on the trial earlier Friday (Saturday AEST) and sent the jury home for the weekend so she could spend the day hearing testimony and arguments on the motion to dismiss.

Troy Teske, a retired police officer and a close friend of Gutierrez-Reed’s father, Thell Reed, who is a gun coach and armourer on movies, was the person who brought the ammunition into the sheriff’s office in March on the same day the guilty verdict in her case was read.

Teske and the ammunition he said might be relevant had been known to authorities from a few weeks after the shooting, and special prosecutor Kari Morrissey had met with him last year, but they determined it was not relevant.

The evidence was collected but crucially was not put into the same file as the rest of the Rust case, and was not presented to Baldwin’s defence team when they examined the ballistics evidence in April. The de would argue that they should have had a chance to weigh in on the evidence’s importance, and that the prosecution “buried” it.

The issue came up during the defence questioning on Thursday of sheriff’s crime scene technician Marissa Poppell, who acknowledged receiving the ammo, a moment that the judge watched on a police supervisor’s body camera on Friday.

Morrissey argued that the emergence of the ammunition was part of an attempt by Reed to shift blame away from his daughter.

“This is a wild goose chase that has no evidentiary value whatsoever,” Morrissey told the judge during the hearing. “This is just a man trying to protect his daughter.”

AP

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