Alec Baldwin’s ‘Rust’ Trial Tossed Out Over “Critical” Bullet Evidence; Incarcerated Armorer Could Be Released Too

Alec Baldwin’s involuntary manslaughter trial for the fatal 2022 shooting of Rust cinematographer Halyna Hutchins was dismissed today by a New Mexico judge.

via Deadline:

“The state has repeatedly made representations to defense and to the court that they were compliant with all their discovery obligations,” said Judge Mary Marlowe Sommer in her ruling from the bench just now. “Despite their repeated representations, they have continued to fail to disclose critical evidence to the defendant.” 

“The state is highly culpable for its failure to provide discovery to the defendant,” the judge, added in a measured tone. “Dismissal with prejudice is warranted,” she concluded, ending any hope of the state recharging Baldwin again.

As well, the decision by Judge Sommer on Friday at the end of an evidentiary hearing over a defense motion to dismiss and bullets dropped off to Santa Fe police in recent weeks by ex-Arizona cop Troy Teske could see incarceratedRust armorer Hannah Gutierrez-Reed released from state prison in the Land of Enchantment.

Gutierrez-Reed’s lawyers plan to file a motion for her release asap, I hear. Judge Sommer was also the judge in the armorer’s trial. In Santa Fe right now, Gutierrez-Reed had been brought into the city earlier this week from her prison, where she is serving an 18 months sentence out of her own Rust trial, in the assumption she would be a witness possibly today in Baldwin’s trial

Earlier today, Erlinda Johnson, one of the special prosecutors in the case resigned because she didn’t agree with there being a public hearing on the move by Baldwin’s  Quinn Emanuel Urquhart & Sullivan to see the matter tossed to the legal curb.

Breaking down in tears at the defense table, the multi-Emmy winning actor was in the courtroom when Judge Sommer unveiled her ruling on the defense motion to dismiss based on “concealed” evidence that Baldwin’s lawyer filed late Thursday.

Hutchins was fatally shot, and Rust director Joel Souza was injured on October 21, 2021 after the Colt .45 Baldwin was pointing at the cinematographer fired off a live round during a rehearsal at the Bonanza Creek Ranch where the indie Western was filming near Santa Fe. Facing up to 18 months in a state prison if found guilty, Baldwin has always insisted that while he cocked the hammer, he did not pull the trigger and the gun somehow went off on its own. 

After Rust ammunition supplier Seth Kenney and a series of Santa Fe Sheriff’s Office members gave testimony Friday, including bodycam footage of Teske bringing the ammunition to the cop shop, an exasperated special prosecutor Kari Morrissey decided to roll the dice and take the stand herself.

“I could see it was not at all similar to the live rounds on the set of Rust so I made the decision not to collect the rounds since they had never left Arizona,” Morrissey told the court on the record, as she and police officials had stated before of the ammunition brought in by Teske.

A close friend of Thell Reed, the iconic Hollywood gun coach and Hannah Gutierrez-Reed, Teske was never called as a witness in the armorer’s trial this spring and the defendant’s own lawyer Jason Bowles said he didn’t want them, according to Morrissey No long afterwards, Teske took the ammunition to the police – something the defense claim they were just informed of despite requiring all the evidence in the case.

Over the months since Baldwin was recharged earlier this year, the defense had quibbled over and over about evidence, discovery and tactics. In that context, defense lawyer Alex Spiro accused Morrissey of not liking Baldwin and calling him “an arrogant prick” and a “cocksucker.”

“I don’t know what you’re talking about,” Morrissey replied, insisting that she likes a number of Baldwin’s movies, SNL appearances and “his politics.” The special prosecutor also tried to state on the record that she offered Baldwin a plea deal, but was shut down by both Spiro and Judge Sommer. “I never said to witnesses that I would teach him a lesson,” Morrissey added to further claims by Spiro. “Absolutely not.”

There was talk about a new possible plea deal today, sources tell me, but that never came together.

 Rust was brought back last year without Gutierrez-Reed. The film completed production in Montana with Souza was as director, and Baldwin as star and producer. The now-finished Rust has been looking for a buyer nor distributor. Though that might change in short order now that Baldwin’s criminal trial is old news.

Wow.

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