American actor Alec Baldwin attends a pretrial hearing in Santa Fe, New Mexico, on July 8, 2024.
Ross D. Franklin | AFP | Getty Images
A New Mexico judge dismissed actor Alec Baldwin’s criminal manslaughter case on Friday on the third day of his trial, after ruling that prosecutors improperly kept evidence of live ammunition in the case secret from the defense.
Judge Mary Marlowe Sommer dismissed with prejudice the case against Baldwin in connection with the accidental shooting death of cinematographer Halina Hutchins on the set of “Rust” in October 2021, meaning prosecutors cannot retry the “30 Rock” actor.
Baldwin cried when the verdict was announced on the third day of trial in the case in state court in Santa Fe. He then hugged his wife, Hilaria.
“There is no way for the courts to correct this mistake,” Sommers said, referring to prosecutorial conduct. “The sanction of dismissal is the only just remedy.”
Under U.S. criminal law, prosecutors are required to present evidence to the defense if they believe it will be helpful to the defendant.
A lawyer for Hannah Gutierrez-Reed, who played a weapons fabricator on the “Rust” production, said in a statement that she will ask for her immediate release from prison, where she is currently serving an 18-month sentence after being convicted in March of manslaughter in Hutchins’ death.
Gutierrez-Reed’s attorney, Jason Vowells, said prosecutors engaged in a “completely shocking” pattern of misconduct in Baldwin’s case and his client’s.
American actor Alec Baldwin and his wife Hilaria Baldwin hug during their manslaughter trial in Santa Fe County District Court in Santa Fe, New Mexico, on July 12, 2024.
Ramsey de Give | AFP | Getty Images
Early Friday, Sommer sent the jury home for the weekend after receiving a motion from Baldwin’s attorney to dismiss the case. She then proceeded to hear the defense’s arguments.
The defense cited the prosecution’s possession of ammunition, which had not previously been disclosed to Baldwin’s defense team.
“I don’t know if it was a live-fire game or not,” Baldwin’s attorney Luke Nickas told Sommer, according to the Associated Press. “But I do know that the state had it and they can release it.”
Prosecutors argued that the ammunition had nothing to do with the incident.
“We respect the court’s decision,” Brian Parrish, representing Hutchins’ widow, Matthew Hutchins, said in a statement.
The dismissal comes 16 months after prosecutors initially dismissed charges against Baldwin after saying “new facts” emerged that warranted further investigation.
The case against him was retried earlier this year.
Judge Mary Marlowe Somer speaks during a pretrial hearing in Santa Fe, New Mexico, on July 8, 2024. American actor Alec Baldwin is charged with manslaughter in connection with the death of a movie cameraman.
Ross D. Franklin | ADP | Getty Images
While Baldwin was rehearsing the scene, the revolver he was handling discharged, killing 42-year-old Hutchins.
After the shooting, Baldwin denied pulling the trigger of the weapon and said he was told when he was given the gun that he could not fire.
If convicted in this case, he could face up to 18 months in prison.
