by Andrew Hay
SANTA FE, New Mexico — A New Mexico judge dismissed involuntary manslaughter charges against Alex Baldwin on Friday, agreeing with his lawyers that prosecutors and police withheld evidence on the source of the live rounds that killed “Rust” cinematographer Halyna Hutchins in 2021.
Judge Mary Marlowe Sommers ruled on Friday after hearing evidence requested by the defense, three days after Baldwin’s trial began in New Mexico.
Baldwin hugged his wife Hilaria Baldwin, who was in court during this week’s hearing, and his sister Elizabeth Kuechler cried after the judge’s ruling. Baldwin then left the courtroom without speaking to reporters.
The actor’s legal team said the Santa Fe Sheriff’s Office took possession of the live cartridges as evidence in the case, but did not list them in the “Rust” investigation file or disclose their existence to defense attorneys.
He also alleged that the bullets were proof that the bullet that killed Hutchins came from Seth Kenny, the film’s prop supplier. Kenny has denied supplying live ammunition to the production and has not been charged in the case.
“The state’s concealment of evidence was deliberate and intentional,” Sommer said in his ruling. “Dismissal with prejudice is appropriate to ensure the integrity of the judicial system and the efficient administration of justice.”
One of the state prosecutors, Erlinda Johnson, resigned from the case on Friday.
“My intent was not to mislead the court,” lead state prosecutor Carrie Morrissey told the court after testifying herself. “My understanding of what was dropped at the sheriff’s office is what’s on this computer screen and it looks nothing like the live rounds from the set of Rust.”
The Colt .45 round at the center of the dismissal was handed into the Santa Fe County Sheriff’s Office on March 6 by Troy Teske, a friend of Thel Reed, who was the stepfather of “Rust” armorer Hannah Gutierrez; that same day Gutierrez was convicted of involuntary manslaughter for Hutchins’ death.
Marisa Poppel, a technician for the Santa Fe County Sheriff’s Office, testified before the judge Friday that the rounds were not hidden from Baldwin and that she was asked to file them and also provided details of how they were obtained under a separate case number for the “Rust” case. She rejected defense attorney Alex Spiro’s claim that the Colt .45 ammunition matched the round that killed Hutchins.
Spiro asked Morrisey about her attitude toward his client and said witnesses reported she had used abusive language toward his client and said she would teach him a lesson.
“I never told the witnesses that I would teach him a lesson,” she said.
Prosecutors accused Gutierrez of bringing live rounds onto the set, though he denied the charge.
Prosecutors allege that Baldwin played a role in Hutchins’ death because he handled the gun irresponsibly. His lawyers say Gutierrez and others responsible for safety on the set failed Baldwin, and that law enforcement agents were more interested in prosecuting their client than in finding the source of the live rounds that killed Hutchins.
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