The New Mexico judge who dismissed the involuntary manslaughter charges against Alec Baldwin has condemned the prosecution for misconduct, accusing them of “intentionally and deliberately withholding” crucial evidence from the defense.
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| Alec Baldwin hugs a member of his legal team at the conclusion of his trial for involuntary manslaughter. (Photo by Ramsay de Give-Pool/Getty Images) Ramsay de Give-Pool/Getty Images |
In an order issued on Wednesday, First Judicial District Judge Mary Marlowe Sommer criticized the prosecution for “willful and deliberate misconduct,” which she deemed sufficient for dismissing the case.
Judge Sommer highlighted that lead special prosecutor Kari Morrissey not only repeatedly failed to provide required evidence but also gave “inconsistent” testimony about the evidence she withheld.
Baldwin’s involuntary manslaughter trial abruptly concluded on July 12 following a complex hearing regarding how police and prosecutors handled a set of bullets. The issue arose from retired Arizona police officer Troy Teske’s delivery of live ammunition to the Santa Fe Sheriff’s Office.
Although crime scene technician Marissa Poppell received the bullets, they were not cataloged with the Rust case, effectively keeping this evidence hidden from Baldwin and armorer Hannah Gutierrez.
According to Baldwin's lawyers, the rounds Teske provided had Starline brass casings with nickel primers that matched the live bullet that killed Rust cinematographer Halyna Hutchins.
When Morrissey took the stand to defend her actions—a rare move that placed her in a position of defending the case’s integrity—she stated, “there is absolutely nothing about the ammunition that Troy Teske had that has any evidentiary value in the Gutierrez case.”
Morrissey repeatedly emphasized that the bullets did not match the round that killed Hutchins and thus were not necessary to share with the defense.
When Sommer examined the ammunition in open court, surrounded by both the prosecution and defense, some rounds appeared to resemble those found on set after the shooting.
In her order on Wednesday, the court found that Morrissey “made the deliberate, intentional decision to place the Teske-supplied ammunition” under a separate case to suppress the evidence. The judge concluded that this evidence could have potentially exonerated Baldwin.
“Evidence about the source of the live round that killed Ms. Hutchins, and details on how that round ended up on the Rust set, likely impacts the jury’s assessment of proximate cause and negligence by others,” the judge noted.
The late disclosure of the ammunition impacted Baldwin’s defense strategy, as his lawyers were unable to conduct a forensic analysis of the bullets, according to the order. Sommer remarked, “Given the State’s egregious discovery violations constituting misconduct and the false testimony elicited during trial, dismissal with prejudice is the appropriate remedy.”
Morrissey took over the case after several errors by Andrea Reeb, the former special prosecutor initially assigned. These errors included citing a firearm law that was not in effect at the time of the shooting and conducting a media tour to discuss the case.
Reeb was eventually forced to step down due to a conflict of interest with her position in the New Mexico House of Representatives, with leaked emails suggesting she aimed to use the case for political gain.
