13 Jul 2024

Alec Baldwin's Rust trial dismissed amid claims of hidden evidence

1:00 pm on 13 July 2024
SANTA FE, NEW MEXICO - JULY 12: Alec Baldwin hugs his attorney Alex Spiro at the conclusion of his trial for involuntary manslaughter in First Judicial District Court on July 12, 2024 in Santa Fe, New Mexico. The trial for involuntary manslaughter was dismissed by a judge Friday after she ruled that key evidence over a fatal shooting on the set of "Rust" had been withheld from the defense.   Ramsay de Give-Pool/Getty Images/AFP (Photo by POOL / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)

Alec Baldwin hugs his attorney Alex Spiro at the conclusion of his trial for involuntary manslaughter in First Judicial District Court on July 12, 2024 in Santa Fe, New Mexico. Photo: Ramsay de Give-Pool / Getty Images via AFP

Alec Baldwin broke into tears as a New Mexico judge dismissed the involuntary manslaughter case against him for a fatal shooting on the set of the film Rust.

The trial collapsed three days into Baldwin's trial in Santa Fe, at a court just miles from where Halyna Hutchins, a cinematographer, was shot with a revolver that Baldwin was using in rehearsals.

It was the second time the case against the actor has been dismissed since the October 2021 shooting. He will not be tried again.

His lawyers alleged police and prosecutors hid evidence - a batch of bullets - that could have been connected to the shooting on set.

A key aspect of the case has been how live ammunition ended up on the set and Baldwin's lawyers have questioned the investigation and mistakes made by authorities who processed the scene.

Their motion to dismiss set off a remarkable set of events, with one of the two special prosecutors leading the case resigning, and Judge Mary Marlowe Sommer dismissing the jury to hear from multiple witnesses.

The bullets, Baldwin's lawyer said, could be related to Hutchins' death but were filed in a different case with a different number.

Prosecutors argued the ammunition was not connected to the case and did not match bullets found on the Rust set.

The judge ruled, however, that they should have been shared with Baldwin's defence team.

US actor Alec Baldwin hugs a member of his legal team at the conclucion of his trial on involuntary manslaughter at Santa Fe County District Court in Santa Fe, New Mexico, on July 12, 2024. Baldwin's trial for involuntary manslaughter was dismissed by a judge Friday after she ruled that key evidence over a fatal shooting on the set of "Rust" had been withheld from the defense. (Photo by RAMSAY DE GIVE / POOL / AFP)

US actor Alec Baldwin hugs a member of his legal team at the conclusion of his trial on involuntary manslaughter at Santa Fe County District Court in Santa Fe, New Mexico, on July 12, 2024. Photo: AFP / RAMSAY DE GIVE

"The state's wilful withholding of this information was intentional and deliberate," she said from the bench. "There is no way for the court to right this wrong."

Prosecutors will not be able to lodge the charge against Baldwin again, as the judge did not rule the case a mistrial but instead outright dismissed it with prejudice.

"It was the nuclear option. The case is over," Los Angeles criminal defence lawyer Joshua Ritter told the BBC.

SANTA FE, NEW MEXICO - JULY 12: Alec Baldwin and his wife Hilaria Baldwin embrace during his trial for involuntary manslaughter in First Judicial District Court on July 12, 2024 in Santa Fe, New Mexico. The trial for involuntary manslaughter was dismissed by a judge Friday after she ruled that key evidence over a fatal shooting on the set of "Rust" had been withheld from the defense.   Ramsay de Give-Pool/Getty Images/AFP (Photo by POOL / GETTY IMAGES NORTH AMERICA / Getty Images via AFP)

Alec Baldwin and his wife Hilaria Baldwin embrace after his trial for involuntary manslaughter was dismissed on 12 July, 2024. Photo: RAMSAY DE GIVE / AFP

Baldwin's hug after dismissal

Baldwin, best known for his role on the NBC sitcom 30 Rock and for portraying Donald Trump on sketch show Saturday Night Live, broke down in tears as the judge read from a lengthy statement detailing her reasons for the dismissal. His wife, Hilaria, covered her mouth. Other members of his family cried and smiled.

The actor hugged his lawyers then embraced his wife, who was seated behind him. They walked out hand-in-hand through a tunnel of press into a black vehicle without answering any questions or making any comments.

The evidence came to light on Thursday, when a crime-scene technician told the court that a man named Troy Teske, a retired police officer, had turned over live ammunition that could be related to the case.

Teske was friends with the step-father of Hannah Gutierrez-Reed, the film's armourer who was convicted of involuntary manslaughter earlier this year.

He was working with Seth Kenney, who helped with props and ammunition on the film set.

After the judge sent the jury home on Friday, the court heard from a series of witnesses about the bullets, including authorities who led the case and Kenney.

Towards the end of the hearing, one of the prosecutors leading the case - Kari Morrissey - took the stand to testify about the bullets and why they were not shared with the defence. It is remarkably rare for a prosecutor to testify in a case they bring about their role in the investigation.

Morrissey, while on the stand, said that her co-prosecutor, Erlinda Ocampo Johnson, resigned on Friday as the judge weighed to dismiss the case.

She explained Johnson "didn't agree with the decision to have a public hearing" over the evidence claims.

In 2023, prosecutors in the case dismissed an involuntary manslaughter charge against Baldwin, saying they had new evidence and needed more time to investigate.

They refiled that charge in January, arguing he had a flagrant disregard for gun safety on a film set that had a small budget and an inexperienced cast.

Baldwin pleaded not guilty and has maintained he never pulled the trigger when the gun went off, killing Hutchins.

His defence team has said he was simply an actor doing his job on the film set and placed his trust in the film crew that were tasked with ensuring weapon safety on set.

- BBC

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