American actor Alec Baldwin attends a pretrial hearing in Santa Fe, New Mexico, on July 8, 2024.
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A New Mexico judge on Friday dismissed the criminal involuntary manslaughter case against Alec Baldwin on the third day of his trial, ruling that prosecutors improperly withheld potentially relevant live ammunition evidence from defense attorneys.
Judge Mary Marlowe Sommer dismissed with prejudice the case against Baldwin related to the October 2021 shooting of cinematographer Halyna Hutchins in her film “Rust” Related to an accidental shooting on the set. That means prosecutors can't retry the “30 Rock” actor.
Baldwin cried as the decision was announced on the third day of the case in state court in Santa Fe. Soon after, he hugged his wife Hilaria.
“There is nothing the courts can do to correct this error,” Summers said of the prosecutors' conduct. “The sanction of dismissal is the only reasonable remedy.”
Under U.S. criminal law, prosecutors must turn over evidence to defense attorneys if the evidence is potentially helpful to the defendant.
The defense attorney for Hannah Gutierrez-Reed, who worked as an armorer on the production of “Rust,” said in a statement that he will ask for her immediate release from prison. She was released in March Convicted and currently serving 18 months in prison.
Jason Bowles, Gitierrez-Reed's attorney, said there was “absolutely egregious” misconduct by prosecutors in the case against Baldwin and his client.
“There are so many people who have supported me that I can't thank you enough right now,” Baldwin wrote in an Instagram post on Saturday morning.
“To all of you, you will never know how much I appreciate your kindness to my family,” Baldwin wrote.
Brian Parrish, an attorney for Hutchins' widower, Matthew Hutchins, said in a statement that “we respect the court's ruling” but vowed to pursue civil claims against Baldwin.
American actor Alec Baldwin and his wife Hilaria Baldwin embrace during his manslaughter trial at the Santa Fe County District Court in Santa Fe, New Mexico, on July 12, 2024.
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Hours before dismissing the case on Friday, Sommer sent jurors home for the weekend after receiving a motion from Baldwin's attorneys asking her to drop the charges.
The judge then held a hearing on the defense's allegations, which referenced ammunition in prosecutors' possession that they had not previously disclosed to Baldwin's team.
“We don't know if this was a live-fire match,” Baldwin's attorney Luke Nikas told Sommer, according to the Associated Press. “But we do know the state has it and it can be disclosed,” prosecutors said. In turn, it was claimed that the ammunition had nothing to do with the case.
Erlinda Johnson Ocampo, who served as the special prosecutor on the Baldwin case team, said Friday night that she was informed a day earlier that ammunition had been turned over to law enforcement following the shooting. Quit the team at noon on Friday.
“As prosecutors, we have an obligation, we have an obligation not only to the people but to the defendants, and our obligation is to make sure that all evidence is turned over,” Ocampo told NewsNation's Chris Common. “We don't get to decide what the defense will look like. Our job is to ensure transparency and make sure the defendant has all the information the prosecution gathers.”
Prosecutors first dropped charges against Baldwin 16 months ago, saying “new facts” had emerged that required further investigation.
The case was filed again against him earlier this year.
Judge Mary Marlowe Sommer speaks during a preliminary hearing on July 8, 2024 in Santa Fe, New Mexico. accusation.
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Baldwin was rehearsing a scene when a revolver in his hand opened fire, killing 42-year-old Hutchins.
After the shooting, Baldwin denied pulling the trigger of the weapon and said he was told not to fire the gun when it was handed to him.
If convicted in this case, he could be sentenced to 18 months in prison.