Prosecutor who resigned from Alec Baldwin ‘Rust’ case says she wanted dismissal

A particular prosecutor who resigned from the manslaughter case in opposition to Alec Baldwin on Friday mentioned she did so as a result of she felt it ought to have been voluntarily dismissed by the state.

Decide Mary Marlowe Sommer would dismiss the case in opposition to Baldwin later that day, and he or she dismissed it “with prejudice,” which means prices can’t be refiled in opposition to the actor.

Baldwin, 66, had confronted a rely of involuntary manslaughter within the unintentional taking pictures dying of cinematographer Halyna Hutchins, killed in 2021 on a New Mexico set for the film “Rust” as Baldwin held a revolver meant for use as a prop. “Rust” armorer Hannah Gutierrez-Reed was convicted in March on a rely of involuntary manslaughter within the taking pictures and sentenced to 18 months in jail. 

Particular prosecutor Erlinda Ocampo Johnson, who gave a gap assertion accusing Baldwin of being reckless, mentioned she knew the prosecution’s case was in hassle Friday when she discovered that some rounds had not been turned over to the protection.

“It was clear that it was one thing that ought to have been turned over,” Ocampo Johnson instructed NBC Information Friday night time.

Ocampo Johnson resigned Friday and walked out of court docket even earlier than a listening to may very well be accomplished about whether or not the evidentiary difficulty meant that Baldwin’s case must be dismissed, as his attorneys argued.

Her fellow particular prosecutor, Kari Morrissey, mentioned in court docket that Ocampo Johnson resigned partly as a result of she “didn’t agree with the choice to have a public listening to” — however Ocampo Johnson mentioned she didn’t suppose a listening to ought to have been held in any respect.

“I believed that the fitting resolution would have been a dismissal,” Ocampo Johnson mentioned.

Requested if there was push-back to that suggestion, Ocampo Johnson mentioned: “I wouldn’t say ‘push-back,’ it was ‘go ahead with the case.’”

Baldwin’s attorneys requested the choose to dismiss the case after it was revealed that Troy Teske, a former police officer and buddy of Gutierrez-Reed’s stepfather, delivered Colt .45-caliber rounds to the Santa Fe County Sheriff’s Workplace on March 6 (the day of Gutierrez-Reed’s conviction). 

Protection attorneys mentioned they need to have been instructed concerning the rounds.

Morrissey argued that the disputed ammunition was not linked to the case or hidden from Baldwin’s attorneys.

“There is no such thing as a motive to consider that the proof that we mentioned in court docket at the moment was associated to the set of ‘Rust,’” Morrissey mentioned after the case was dismissed. She mentioned she disagreed with the choose’s resolution however revered it.

Morrissey didn’t instantly reply to requests for added touch upon the case Friday.

Ocampo Johnson mentioned that she believed within the prison case in opposition to Baldwin, and was ready to indicate proof that days earlier than Hutchins was killed video confirmed the firearm “was not dealt with the way in which it ought to have been.”

Baldwin ought to have identified business pointers, which embrace by no means pointing firearms at individuals and to all the time deal with them as if they’re loaded, Ocampo Johnson mentioned.

“I believed within the case,” she mentioned. “As a result of I do consider — clearly there’s a lady who was killed. There was some reckless habits on the set.”

However she mentioned it’s as much as protection attorneys, and never prosecutors, to resolve if proof is related to their protection or not.

Ocampo Johnson mentioned she doesn’t consider any proof was withheld on function.

“I don’t suppose it was intentional. I actually don’t consider that,” she mentioned. “I feel it was simply one thing that — it wasn’t turned over, and it ought to have been.”

After the Baldwin case was thrown out, Gutierrez-Reed’s lawyer Jason Bowles mentioned that “we can be shifting for her instant launch.”

Ocampo Johnson was not concerned in that prosecution, and couldn’t remark particularly how Baldwin’s case would possibly have an effect on what Gutierrez-Reed’s protection attorneys do, however broadly she doubted if the disputed ammunition would assist in overturning her conviction. 

“I don’t suppose it ought to influence her case, but it surely definitely ought to have been turned over on this case,” Ocampo Johnson mentioned.