Actor Alec Baldwin is urging a New Mexico judge to uphold her decision to dismiss the involuntary manslaughter charge against him in the fatal shooting of cinematographer Halyna Hutchins on the set of the film Rust. The charge was dropped in July after Judge Mary Marlowe Sommer ruled that prosecutors and police had withheld evidence from the defense.
Baldwin’s lawyers argue that the prosecution’s request to reconsider the decision is unfounded, citing “egregious discovery violations constituting misconduct” by law enforcement and prosecutors. The defense claims that the prosecution deliberately withheld evidence that Baldwin had requested, including ammunition that was brought into the sheriff’s office in March.
The prosecution had argued that the ammunition was unrelated to Hutchins’ killing, but Baldwin’s lawyers alleged that it was relevant to the case and that the prosecution had “buried” it. The judge’s decision to dismiss the case was based in part on the prosecution’s failure to disclose this evidence.
Baldwin, who was pointing a gun at Hutchins during a rehearsal when it went off, has maintained that he pulled back the hammer but not the trigger. The defense argues that the prosecution’s case relied on false testimony about physical evidence and that Baldwin was entitled to pursue the truth at trial.
The case against Baldwin was dismissed with prejudice, meaning it cannot be revived even if the prosecution appeals the decision. The armorer on the film, Hannah Gutierrez-Reed, is currently serving an 18-month sentence for involuntary manslaughter, while the assistant director and safety coordinator, David Halls, pleaded no contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation.
