A Santa Fe judge Friday dismissed the involuntary manslaughter charge against Alec Baldwin in connection with the deadly shooting of Halyna Hutchins on a set for “Rust,” finding that deputies and prosecutors had failed to turn over evidence discovered during their investigation.
As Judge Mary Marlowe Sommer dismissed the case with prejudice, meaning that charge cannot be refiled against him, Baldwin wept and cupped his face in his hands.
“The state’s willful withholding of this information was intentional and deliberate,” Sommer said. “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.”
She also said, “There is no way for the court to right this wrong.”
Following the court ruling, prosecutor Kari Morrissey addressed reporters on camera in front of the courthouse.
“I’m disappointed because I believe that the importance of the evidence was misconstrued by the defense attorneys, but I have to respect the court’s decision,” Morrissey said.
Baldwin’s brother, Stephen, has been present at court every day of the trial. To the verdict, he said, “I got one word. Scorching. Scorching.”
Opening its third full day of trial in the First Judicial District Court, defense attorney Luke Nikas claimed that prop distributor Seth Kenney was actually behind the live ammo and accused action movie “Rust” states such as New Mexico for suppressing evidence.
Following the verdict, the judge sent home the jury of eight women and four men for an 11th-hour hearing that ended with lead prosecutor Kari Morrissey calling herself to stand as her own witness.
Morrissey stressed on the stand she never thought the evidence in question – provided by ex-Arizona police officer Troy Teske and believed to be exculpatory because ammo turned over had never left Arizona before Hutchins’ fatal shooting that day on “Rust’s” set.
“I decided not to take any steps to collect this ammunition because it was in Arizona, had never come to New Mexico and didn’t match the live rounds on the set of ‘Rust,'” Morrissey testified.
Elsewhere, the prosecution has previously come under fire for what a federal judge called “highly unusual behavior” in seeking more jail time and harsher bail conditions for Baldwin over alleged improvised firearms rules violations.
Hutchins was hit in the pelvis and his wound proved fatal, while director Joel Souza – who sustained additional injuries when Baldwin fired too close to him without realizing he had shot Hutchins – survived.
Santa Fe County Sheriff’s Corporal Alexendria Hancock, who led the investigation, conceded that decision was made in conference with prosecutors and her bosses.
“Okay. So you, you all had discussions about what to do with what he dropped off?” asked Judge Sommer.
“Yes,” she replied.
“And you all agreed to put it in the separate file?” the judge pressed. “Yes,” she answered. The evidence was also not stored with the other evidence for the case, she said.
Defense attorneys appeared to have been tipped off by body camera footage of Teske turning over the gun that had him walking into an office with a box full of ammunition. He then contacted Poppell telling him that he had evidence, the day before offering to give a statement.
Morrissey said earlier in the day that she first read it – which was supposedly skipped over by prosecutors in turning evidence the defense should review, during this morning’s trial preparation.
That stunning hit to the prosecution team, which had spent over three years on its case, came after just seven witnesses.
