Judge dismisses Alec Baldwin’s ‘Rust’ case after defense claims evidence was withheld

In a shocking flip of occasions, a New Mexico choose dismissed Alec Baldwin’s “Rust” case Friday, on day three of his manslaughter trial.

The choose granted the protection’s movement to dismiss the case, by which they claimed reside ammunition that got here into the palms of native regulation enforcement associated to the investigation into the lethal on-set capturing was “hid” from them.

Choose Mary Marlowe Sommer mentioned the state’s discovery violation relating to the late disclosure of a supplemental report on the ammunition proof “injected pointless delay into the proceedings,” approached “unhealthy religion” and was “extremely prejudicial to the defendant.”

“There isn’t a method for the court docket to proper this fallacious,” Sommer mentioned in granting the movement to dismiss with prejudice, that means Baldwin can’t be tried once more on the cost.

Baldwin reacted emotionally because the choose defined her ruling and might be seen hugging his spouse, Hilaria Baldwin, within the courtroom.

He had confronted 18 months in jail if convicted.

The choice adopted a day-long movement listening to Friday amid the actor’s involuntary manslaughter trial over the demise of “Rust” cinematographer Halyna Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a reside spherical.

The court docket mentioned the protection’s movement within the absence of the jury. In an sudden transfer, the particular prosecutor on the case, Kari Morrissey, additionally known as herself to testify on the matter.

Throughout cross-examination of Morrissey, it was revealed that the opposite prosecutor within the case, Erlinda Ocampo Johnson, resigned from the case on Friday. Morrissey mentioned it was as a result of Johnson “did not agree with the choice to have a public listening to.”

Protection alleges proof was buried

In an expedited movement filed late Thursday, the protection argued the case needs to be dismissed over the dealing with of the ammunition proof. Throughout court docket on Friday, the state argued the proof has no exculpatory worth and isn’t related to Baldwin’s case.

The matter was initially raised throughout court docket on Thursday. Protection legal professional Alex Spiro requested state’s witness Marissa Poppell, against the law scene technician with the Santa Fe County Sheriff’s Workplace who collected proof within the case, a few “good Samaritan” who handed over ammunition to the sheriff’s workplace in March — throughout “Rust” armorer Hannah Gutierrez’s trial — that had reportedly ended up with Seth Kenney, who equipped the movie with firearms, blanks and dummy rounds.

Gutierrez was convicted of involuntary manslaughter in Hutchins’ demise, with prosecutors arguing the armorer was the supply of the reside bullet that killed her and saying she did not comply with security protocols meant to guard the crew whereas dealing with the firearms.

Poppell testified that her lieutenant instructed her to create a report documenting that the person got here and gave them the ammunition and she or he filed it underneath a case quantity completely different from the “Rust” case.

“You buried it,” Spiro mentioned.

“No,” Poppell responded. “There’s a supplemental report on it, and that was positioned into proof.”

Spiro went on to ask, “Is not it the case that regulation enforcement possible has the matching rounds to the ammunition that killed Ms. Hutchins?”

“I have no idea,” Poppell mentioned.

“And also you have no idea since you made a doc report about this and didn’t put it with the remainder of the ‘Rust’ proof, appropriate?” Spiro requested.

“These rounds weren’t positioned with the remainder of the ‘Rust’ proof, appropriate,” Poppell mentioned.

“Nor have been they despatched to the FBI for testing with the ‘Rust’ proof, have been they?” Spiro requested.

“No, they weren’t,” Poppell mentioned.

Throughout redirect on Thursday, Morrissey had Poppell verify that Baldwin has not been charged with involuntary manslaughter for bringing reside rounds onto the film set or for loading a reside spherical into the gun.

“Has an individual already been tried and convicted for these issues?” Morrissey requested.

“Sure,” Poppell mentioned, referring to Gutierrez.

Morrissey requested Poppell if she was conscious that the “good Samaritan” who offered the ammunition in query within the movement was Troy Teske, a “shut pal” of Gutierrez’s father, famed Hollywood armorer Thell Reed, to which Poppell mentioned she was not.

“Are you conscious that Troy Teske had his personal motivations for wanting to position blame on Seth Kenney to assist Hannah Gutierrez?” Morrissey requested.

“No, I had no data of that,” Poppell mentioned.

Poppell testified that Kenney offered the sheriff’s workplace along with his personal reside rounds, which have been examined and located to not match the reside ammunition discovered on set. Stay ammunition discovered at Kenney’s prop home was additionally not discovered to be a match, she mentioned.

Poppell testified that Gutierrez was decided to be the supply of the reside rounds, primarily based on photographic proof from the set.

Gutierrez’s legal professional, Jason Bowles, mentioned it was “past surprising” that the reside rounds offered to the sheriff’s workplace by Teske weren’t examined.

“They have been hiding the ball till known as out on it in trial. If you wish to get to the reality, you run down all leads,” he mentioned in an announcement.

Gutierrez beforehand appealed her conviction in Might.

Trial pivots to movement listening to

Throughout Friday’s movement listening to, Morrissey mentioned the state initially had been offered {a photograph} of the ammunition by Teske, a retired officer who lives in Arizona, and decided primarily based on the {photograph} that it was not a match to the reside ammunition discovered on the set and so they have been “not going to proceed taking place this rabbit gap.”

“There’s completely nothing concerning the ammunition that Troy Teske had that has any evidentiary worth within the Gutierrez case. It has no evidentiary worth within the Baldwin case,” Morrissey mentioned.

Protection legal professional Luke Nikas charged that the proof was “hid” by being positioned underneath a unique case quantity and mentioned it was “important” proof that was required to be disclosed.

“Miss Morrissey doesn’t get to find out what has evidentiary worth and what would not,” he mentioned.

Whereas on the stand throughout Friday’s movement listening to, Poppell disputed that the ammunition was hidden and mentioned it wasn’t proof that Kenney offered the reside ammunition to the set of “Rust.”

“When you buried it, how did the protection attorneys know to cross-examine you on it yesterday?” Morrissey requested Poppell.

“I have no idea,” she replied.

Kenney testified throughout Friday’s listening to that he initially alerted investigators to the reside ammunition from Teske throughout an interview in November 2021, days after the capturing. He mentioned he believed that may have been the supply of the reside ammunition on the set however later decided it could not have been primarily based on variations within the powder and projectiles.

Requested by Morrissey whether or not he believed Reed and Thell needed in charge him for the introduction of the reside rounds on the “Rust” set, he responded, “To various levels, sure.”

“It appeared palpable that they have been making an attempt to level the finger at me,” he mentioned.

Kenney testified he was sure he did not present any reside rounds to the movie.

“There was by no means a query in my thoughts that I offered the reside ammunition to ‘Rust,'” he mentioned.

Santa Fe County Sheriff’s Workplace Cpl. Alexandra Hancock, the lead detective within the “Rust” investigation, testified throughout Friday’s movement listening to that Teske confirmed as much as court docket throughout Gutierrez’s trial with reside ammunition earlier than dropping it off on the sheriff’s workplace. Hancock mentioned she left a pair messages with Teske however he did not return them so she was unable to tie the proof to “Rust.”

Requested by Spiro whether or not there was “different proof on this case that has this quantum of proof that you’ve got hidden” from the defendant, Hancock responded, “I do not assume I’ve hidden something.”

When Spiro talked about that Teske did give a witness assertion to Poppell, Hancock mentioned she didn’t know that till Friday.

The lapel digicam footage of Teske speaking to Poppell on the sheriff’s workplace was proven through the listening to, throughout which he mentioned he had “proof.” He mentioned the ammunition was not from the “Rust” set however from the identical set of reside rounds that Reed had for a unique movie mission.

Teske, who was listed as a witness for the protection for Gutierrez’s trial however was by no means known as, mentioned on the video that her protection didn’t need the ammunition.

Lt. Brian Brandel, whose lapel footage was proven in court docket Friday, testified that Hancock mentioned to file the data underneath a unique case quantity pending additional investigation.

Prosecutor takes the stand

Below questioning by Choose Sommer, who has presided over each trials within the capturing, Hancock mentioned the proof was positioned underneath a unique case quantity from the “Rust” investigation primarily based on discussions she, her supervisors and Morrissey had. Morrissey mentioned she could be joyful to testify underneath oath.

Morrissey known as herself as a witness, after Spiro mentioned he didn’t really feel the necessity to name her himself.

She testified that the rounds offered by Teske “didn’t strike me as having important evidentiary worth” as a result of they by no means left Arizona and appeared dissimilar to the reside rounds discovered on the set of “Rust” primarily based on a photograph of the ammunition offered by Gutierrez’s legal professional, Bowles.

“The one method that it’s related to the ‘Rust’ investigation is that if it has any similarity to the reside rounds that have been discovered on the set of ‘Rust,'” she mentioned. “Once I obtained this {photograph} from Mr. Bowles, I may instantly inform that these are very dissimilar from the reside rounds that have been discovered on the set of ‘Rust.'”

She mentioned at that time she didn’t take any steps to gather the ammunition at that time. When Teske introduced it to the sheriff’s workplace, she mentioned she didn’t notice the ammunition could be filed underneath a unique case quantity from the “Rust” investigation.

Morrissey argued that Bowles didn’t need the ammunition from Teske as a result of “it was the perfect proof in opposition to his shopper” relating to the supply of the reside bullets on set.

Spiro at one level accused her of not liking Baldwin.

“You realize, that’s completely unfaithful,” Morrissey mentioned. “I truly actually admire Mr. Baldwin’s films. I actually appreciated the appearing that he did on ‘Saturday Night time Stay,’ and I actually admire his politics.”

Choose calls withholding ‘intentional and deliberate’

In issuing her order, Sommer mentioned {that a} dismissal with prejudice, as sought by the protection, is a “very excessive sanction” and that she wanted to “make an excellent report” of her determination.

“The Santa Fe County Sheriff’s Workplace and the prosecutor did not disclose the supplemental report back to the protection and supply the protection a chance to examine the rounds collected into proof that Mr. Teske gave,” she mentioned, including that the suppressed proof is “doubtlessly exculpatory.”

“Critically, the exculpatory worth can’t be analyzed at such a late juncture due to the nondisclosure,” she mentioned.

She known as the state’s withholding of this data “intentional and deliberate” and that it got here to mild so late within the proceedings that it “undermines the defendant’s preparation for trial.”

“If this conduct doesn’t rise to the extent of unhealthy religion, it actually comes so close to to unhealthy religion as to indicate indicators of scorching prejudice,” she mentioned.

Morrissey informed reporters exterior the courthouse that she respects the court docket’s determination.

“I am dissatisfied as a result of I consider that the significance of the proof was misconstrued by the protection attorneys, however I’ve to respect the court docket’s determination,” she mentioned.

Requested by a reporter if she felt she let Hutchins’ household down, she mentioned no.

“We did every little thing humanly doable to carry justice to Halyna and to her household and we’re happy with the work that we did,” she mentioned. “We disagree with the court docket’s determination however we now have to respect it.”

Baldwin and his group left the courthouse with out remark.

The actor was indicted by a grand jury on involuntary manslaughter in reference to Hutchins’ demise earlier this yr after prosecutors beforehand dropped the cost. He pleaded not responsible.

His protection group had filed a number of different motions searching for to dismiss his indictment previous to the beginning of the trial, all of which have been denied.

An legal professional for Hutchins’ husband, Matthew Hutchins, mentioned in an announcement that they “respect the court docket’s determination.”

Bowles informed ABC Information that he plans to file a movement on Monday addressing the “similar discovery failures by the state” in Gutierrez’s case.

“She’s in jail proper now, in a case that wasn’t truthful, as a result of the state cannot flip over proof like they’re speculated to do underneath the invention guidelines,” he mentioned. “The choose completely did the fitting factor at the moment dismissing Mr. Baldwin’s case.”