July 12th 2024.
In a surprising turn of events, Judge Mary Marlowe Sommer made the decision to drop the involuntary manslaughter charge against actor Alec Baldwin in connection to the tragic death of cinematographer Halyna Hutchins on the set of the film "Rust" in 2021.
Baldwin's lawyer had requested for the case to be dismissed, citing misconduct by state investigators who failed to properly disclose evidence. After careful consideration, the judge agreed that the state had indeed not disclosed the evidence to the defense and dismissed the case with prejudice, meaning it cannot be brought up again.
"It is impossible for the court to undo this mistake," Judge Sommer stated. As the decision was announced, Baldwin was seen in tears and immediately embraced his wife Hilaria. The court was adjourned for the day.
The decision came after a chaotic hearing on Friday, just a few days into Baldwin's involuntary manslaughter trial. He had pleaded not guilty and could have faced up to 18 months in prison for the accidental shooting of Hutchins on October 21, 2021, on the set of "Rust." During a rehearsal, Baldwin was practicing a "cross draw" - pulling a gun from a holster on the opposite side of his body from his dominant hand - when a live round was fired, resulting in Hutchins' death and director Joel Souza's injury.
The judge had halted the testimony on Friday and sent the jury home for the day as she considered the defense's motion to have the case dismissed based on allegations that the prosecutors had not properly disclosed evidence.
In court the day before, a crime scene technician had testified that a man had turned in some ammunition to the Santa Fe County Sheriff's Office in March after the conviction of "Rust" armorer Hannah Gutierrez Reed. The man, Troy Teske, a retired police officer and a friend of the armorer's father, had informed investigators that the ammunition could be connected to the incident on the set of "Rust," crime scene technician Marissa Poppell stated. However, the technician also testified that the items were not included in the "Rust" case inventory and were not tested to determine if they matched the fatal round.
Baldwin's legal team argued that the prosecutors had failed to disclose this evidence to the defense and requested for the case to be dismissed. In response, prosecutor Kari Morrissey stated that the investigators had already determined that the ammunition did not match the ones found on the "Rust" set and had no relevance to the case. "This is a wild goose chase," Morrissey argued.
In a rare development, Judge Sommer called for Poppell to be brought back to the stand to discuss the rounds in the presence of the jury. The judge, attorneys, and witness all wore blue gloves and gathered around a table in the center of the courtroom. The envelope containing the rounds was unsealed and examined by the judge to determine if they matched the ones recovered from the film set. The courtroom was filled with tension as the judge compared the rounds.
The judge then ordered for more witnesses to testify before making a ruling on Baldwin's motion to dismiss the case. The case has been marked by numerous delays and changes in prosecutors, as well as multiple attempts by Baldwin's team to have the charge dismissed.
During the opening statements on Wednesday, the prosecutors had accused Baldwin of being reckless with firearms on set and not following the basic safety rules. "He pointed the gun at another person, pulled the trigger, and showed no regard for Ms. Hutchins' safety," prosecutor Erlinda Johnson stated. However, the defense put the blame on the film's armorer and first assistant director, who were in charge of firearm safety on set, for allowing a live bullet to be loaded into the prop gun and failing to ensure it was safe before it reached Baldwin. "This was a tragic accident, but Alec Baldwin did not commit a crime. He was simply an actor, playing the role of Harlan Rust," Baldwin's attorney, Alex Spiro, argued. "These so-called 'cardinal rules' do not apply on a movie set."
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