In a shocking decision last month, Judge Mary Marlowe Sommer dismissed the involuntary manslaughter case against the actor over withheld evidence
The judge in Alec Baldwin‘s Rust shooting case censured the New Mexico prosecutors in a written order issued on Wednesday for “willful and deliberate misconduct” over evidence involved in the accidental shooting death of cinematographer Halyna Hutchins.
In the filing, Judge Mary Marlowe Sommer found that the prosecution had “intentionally and deliberately withheld” evidence from the defense, per The Hollywood Reporter. The judge also said the lead special prosecutor on the case, Kari Morrissey, gave “inconsistent” testimony associated to the evidence she suppressed.
“Evidence regarding the source of the live round that killed Ms. Hutchins, and additional information concerning how that live round arrived on the Rust set, likely affects the jury’s calculus of proximate cause and negligence by a third person or persons,” the judge said in Wednesday’s order.
Last month, in a shocking decision, Sommer dismissed the single felony count filed against the Baldwin after his attorneys raised questions over how evidence had been handled by New Mexico law enforcement and prosecutors. It had been revealed that a batch of live ammunition was turned over by retired officer Troy Teske, and that while they were collected and booked by the Santa Fe County Sheriff’s Office, they had not been given to the defense or through a supplemental evidence report.
In delivering her ruling in July, Sommer said that the evidence could have helped Baldwin’s defense undermine prosecutors’ theory of the case and support the actor’s claim that the fatal shooting was unforeseeable. “There is no way for the court to right this wrong,” she said before granting the motion to dismiss with prejudice.
The bombshell turn of events had ended the three-year prosecution of Baldwin after Hutchins was killed during the on-set accident on Oct. 21, 2021. The incident occurred when the prop gun the actor was using went off while he was rehearsing a scene with Hutchins and Rust director, Joel Souza, who was also injured. Baldwin, who’s pleaded not guilty to the involuntary manslaughter charge, has long maintained he did not pull the trigger.
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