Judge Mary Marlowe Sommer dismissed the involuntary manslaughter case against Alec Baldwin, citing the prosecution's willful withholding of evidence. The decision prohibits the actor from being charged again for the fatal shooting of cinematographer Halyna Hutchins.
Alec Baldwin's involuntary manslaughter trial in the fatal shooting of "Rust" cinematographer Halyna Hutchins took a shocking turn on Friday when Judge Mary Marlowe Sommer dismissed the case with prejudice. The decision prevents Baldwin from being charged again for the same offense.
The dismissal came after a special hearing, where special prosecutor Kari Morrissey voluntarily took the stand as a witness. Shortly after, Sommer ruled that the prosecution had concealed evidence from Baldwin's legal team.
Alec Baldwin's 'Rust' Involuntary Manslaughter Case Dismissed Due to Prosecution Concealing Evidence
"It's very rare for council to be taking the stand as a witness in cases, and so ultimately, that was her undoing," said Christopher C. Melcher, a partner at Walzer Melcher & Yoda.
Melcher added that the prosecution had made a series of errors, including testing the gun to the point of damage, producing emails at the last minute, and receiving ammunition under a different case number.
Alec Baldwin's 'Rust' Involuntary Manslaughter Case Dismissed Due to Prosecution Concealing Evidence
"Every prosecution and every police investigation is going to have errors to it, and that's the job of the defense is to point those things out, but there were a comedy of errors here," said Melcher. "Complete embarrassment and waste of time of New Mexico taxpayer money."
Sommer accused the prosecution of "willful withholding" of evidence that prop distributor Seth Kenney was the source of the live ammunition that killed Hutchins. Morrissey argued that the evidence was not exculpatory because the ammunition never left Arizona before the "Rust" shooting, but the judge rejected this explanation.
Alec Baldwin's 'Rust' Involuntary Manslaughter Case Dismissed Due to Prosecution Concealing Evidence
"The state's willful withholding of this information was intentional and deliberate," said Sommer. "If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching prejudice."
Baldwin was visibly emotional as the judge dismissed the case. His attorney, Luke Nikas, said the prosecution's actions were "a miscarriage of justice."
Alec Baldwin's 'Rust' Involuntary Manslaughter Case Dismissed Due to Prosecution Concealing Evidence
Legal experts believe the "Rust" case will be studied for years to come, highlighting the importance of prosecutor conduct and the consequences of withholding evidence.
"The myriad errors during the ‘Rust’ investigation and trial will be material for years to come – and I mean for law books, law school classes, law enforcement training, and defense/prosecution orientation, on how cases are botched through unforced errors," said Heidi Reavis, a managing partner at Reavis Page Jump LLP.
Alec Baldwin's 'Rust' Involuntary Manslaughter Case Dismissed Due to Prosecution Concealing Evidence
Former federal prosecutor Duncan Levin said the case "never should have been brought to trial" and accused the prosecution of "cheating."
"What a disgrace. Prosecutors can never cheat. Their job is to do justice, not get convictions at all costs. This is the worst of our system on display," said Levin.
Alec Baldwin's 'Rust' Involuntary Manslaughter Case Dismissed Due to Prosecution Concealing Evidence
Neama Rahmani, president of West Coast Trial Lawyers, said the prosecution's chances of winning the case were slim once it was revealed that exculpatory evidence had been withheld.
"When it comes to "Rust" armorer Hannah Gutierrez Reed who was found guilty of involuntary manslaughter in March and is currently serving her 18-month prison sentence, Rahmani, like many legal experts, agreed that her conviction will now "likely be reversed."
Alec Baldwin's 'Rust' Involuntary Manslaughter Case Dismissed Due to Prosecution Concealing Evidence
Baldwin was facing up to 18 months in prison if convicted. It remains to be seen if prosecutors will pursue other charges against Baldwin or if Gutierrez Reed's defense team will petition for a reversal of her conviction.
