Alec Baldwin urges judge to stand by dismissal of involuntary manslaughter case in ‘Rust’ shooting

(21 Sep 2024)
POOL
Santa Fe, N.M. – 12 July 2024
1. Alec Baldwin at trial
2. Special prosecutor Kari Morrissey
3. Judge Mary Marlowe Sommer
4. Kari Morrissey is sworn in
5. Medium shot Alec Baldwin
6. Kari Morrissey on witness stand

POOL
Santa Fe, N.M. – 6 March 2024
7. Mid shot of Hannah Gutierrez-Reed listening to verdict UPSOUND (English) Jury: "We find the defendant, Hannah Gutierrez, guilty of involuntary manslaughter as charged in count one. They find the defendant Hannah Gutierrez not guilty of tampering with evidence as charged in count two."
8. Mid of woman crying in courtroom UPSOUND (English) Judge Sommer: "I’m going to remand you and the reason I’m going to remand you is you are now convicted. And so. And this is a death. It’s criminal negligence, but it’s still a death.

POOL
Santa Fe, N.M. – 29 February 2024
9. STILL IMAGES X2: David Halls, former first assistant director on "Rust," testifies about the fatal shooting of cinematographer Halyna Hutchins in state district court in, Feb. 29, 2024. (Gabriela Campos/Santa Fe New Mexican via AP, Pool/File)

POOL
Santa Fe, N.M. – 28 February 2024
10. David Halls, assistant director and safety coordinator of the movie "Rust," walks out of district court. (Luis Sánchez Saturno/Santa Fe New Mexican via AP, Pool)

ASSOCIATED PRESS
Santa Fe, New Mexico – 22 October 2021
11. Wide view of vehicle at gate leading on to ranch property
12. Medium view of Bonanza Creek Ranch sign
13. Wide view pan of movie set area on property

ASSOCIATED PRESS
Burbank, Calif. – 24 October 2021
++NIGHT SHOTS++
14. Various of candlelight memorial in honor of Halyna Hutchins
STORYLINE:
Alec Baldwin urged a New Mexico judge on Friday to stand by her decision to skuttle his trial and dismiss an involuntary manslaughter charge against the actor in the fatal shooting of a cinematographer on the set of a Western movie.

State District Court Judge Mary Marlowe Sommer dismissed the case against Baldwin halfway through a trial in July based on the withholding of evidence by police and prosecutors from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”

The charge against Baldwin was dismissed with prejudice, meaning it can’t be revived once any appeals of the decision are exhausted.

Special prosecutor Kari Morrissey recently asked the judge to reconsider, arguing that there were insufficient facts and that Baldwin’s due process rights had not been violated.

Baldwin, the lead actor and co-producer on “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.

The case-ending evidence was ammunition that was brought into the 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 that they “buried” it and filed a successful motion to dismiss the case.

In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.

Defense counsel says that prosecutors tried to establish a link between the live ammo on set and Gutierrez-Reed, to drive home the argument that Baldwin should have recognized the armorer’s blundering youth and inexperience.

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