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Alec Baldwin’s Manslaughter Case Dismissed over Withholding of Evidence

Alec Baldwin at the 69th Primetime Emmy Awards in Los Angeles, Calif., September 17, 2017 (Mike Blake/Reuters)

Alec Baldwin was handed an abrupt victory in the middle of his criminal trial on Friday after a New Mexico judge dismissed his involuntary-manslaughter case with prejudice, meaning it cannot be brought forward again by prosecutors.

In a stunning turn of events for the Hollywood actor, Judge Mary Marlowe Summer dismissed the case based on police misconduct and purported withholding of evidence from the defense. If convicted, Baldwin would have faced up to 18 months in prison and a $5,000 fine for fatally shooting cinematographer Halyna Hutchins on the set of the independent Western film, Rust, in October 2021.

The evidence in question was a box of live ammunition that the Santa Fe County sheriff’s office obtained from a man who said it could be linked to Hutchins’ death. Prosecutors said the ammo was unrelated and irrelevant to the case, but Baldwin’s attorneys argued they intentionally downplayed the evidence and subsequently filed a motion to dismiss the case on Thursday. The trial commenced with jury selection on Tuesday.

“The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings,” Marlowe Sommer said, ultimately granting the defense’s motion to dismiss the involuntary-manslaughter charge. “If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith to show signs of scorching.”

“The state’s discovery violation has injected a needless, incurable delay into the jury trial,” she added. “Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice.”

Moments before the judge’s decision, it was reported that one of the trial’s two prosecutors resigned from the case.

Special prosecutor Erlinda Ocampo Johnson told NBC News that she resigned over the withheld evidence, and fellow lead prosecutor Kari Morrissey said her partner’s resignation came, in part, over the court’s decision to hold a public hearing regarding the ammo. Ocampo Johnson, however, said she believed a hearing was completely unnecessary due to the blatant oversight.

Nearly three years after the accidental shooting, in which Hutchins died and Rust director Joel Souza was injured, Baldwin and his wife, Hilaria, erupted into tears as the judge dismissed the case. They exited the court without speaking to reporters.

New Mexico district attorney Mary Carmack-Altwies, who serves the people of Santa Fe and two other counties, said she was “disappointed” with the decision.

“Our goal from the beginning was to seek justice for Halyna Hutchins, and we fought to get this case tried on its merits,” Carmack-Altwies said. “We are disappointed that the case did not get to the jury.”

Morrissey expressed a similar statement, saying the “importance of the evidence was misconstrued by the defense attorneys.” Despite the loss, she remained “proud of the work” to “bring justice to Halyna and to her family.”

In January 2023, Baldwin was formally charged with involuntary manslaughter before the initial charges were dismissed three months later. He was then charged again in January of this year — the same charge that was on trial before a jury this week.

While Baldwin managed to walk free, Rust armorer Hannah Gutierrez-Reed was sentenced to a maximum 18 months in prison in April for failing to check whether there was a live bullet in Baldwin’s prop gun on the film set. She appealed that conviction last month.

Baldwin and other producers still face civil lawsuits filed by Hutchins’ parents and sister. These lawsuits could be more successful, as they are more common for workplace accidents like the fatal shooting.

Rust has no announced release date yet, despite production wrapping in May 2023 amid Baldwin’s legal troubles. First photos of the film were released by Deadline earlier this year, showcasing the late cinematographer’s visual style.

The 66-year-old actor, known for his work in 30 Rock and The Hunt for Red October, will star in a reality series about his large family next. He shares seven children with Hilaria and one daughter with his ex-wife. The TLC series, tentatively titled The Baldwins, is scheduled to release sometime next year.

David Zimmermann is a news writer for National Review. Originally from New Jersey, he is a graduate of Grove City College and currently writes from Washington, D.C. His writing has appeared in the Washington Examiner, the Western Journal, Upward News, and the College Fix.
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