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  • 7/13/2024
A New Mexico judge dismissed Alec Baldwin's involuntary manslaughter trial on Friday (July 12), ruling that key evidence regarding the fatal shooting of cinematographer Halyna Hutchins on the set of "Rust" in 2021 had been withheld from the defense.

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Transcript
00:00A New Mexico judge dismissed involuntary manslaughter charges against Alec Baldwin on Friday after
00:08his lawyer's alleged police concealed evidence regarding the live round that killed Rust
00:13cinematographer Helena Hutchins in 2021.
00:17Judge Mary Marlo Summer ruled in Baldwin's favor three days into his trial, following
00:22the defense's request made earlier that day.
00:26The case agent, as well as pursuant to Hancock's testimony, Ms. Morrissey, was aware of the
00:33new evidence and yet did not make an effort to disclose it to defense.
00:37The state's willful withholding of this information was intentional and deliberate.
00:41If this conduct does not rise to the level of bad faith, it certainly comes so near to
00:46bad faith as to show signs of scorching prejudice.
00:52When discovery has been produced late, prejudice does not accrue unless the evidence is material
00:57and the disclosure is so late that it undermines the defendant's preparation for trial.
01:04The court concludes that this conduct is highly prejudicial to the defendant.
01:08The jury has been sworn, jeopardy has attached, and this disclosure during the course of trial
01:13is so late that it undermines the defendant's preparation for trial.
01:18There is no way for the court to right this wrong.
01:22Baldwin's lawyers argued that the Santa Fe Sheriff's Office had taken possession of live
01:26rounds as evidence but did not include them in the investigation file or disclose them
01:31to the defense.
01:33They alleged these rounds indicated the bullet that killed Hutchins came from Seth Kenney,
01:38the movie's prop supplier, who has denied supplying live ammunition and has not been charged.
01:44He had been expected to testify against Baldwin.
01:47The key Colt .45 rounds were handed to the Santa Fe County Sheriff's Office on March 6th
01:51by Troy Teske, a friend of Thel Reed, the stepfather of Rust Armorer Hannah Gutierrez,
01:57on the same day Gutierrez was convicted of involuntary manslaughter for Hutchins' death.
02:04Sheriff's Office technician Marisa Poppel testified that the rounds were not hidden from
02:08Baldwin and were filed under a different case number.
02:12She disputed claims that the Colt .45 ammunition matched the round that killed Hutchins.
02:18Prosecutor Kari Morrissey questioned the allegation that evidence was concealed from Baldwin.
02:24Prosecutors had accused Gutierrez of bringing live rounds onto the set, which she denied,
02:29and alleged Baldwin played a role in the death of Hutchins because he handled the gun irresponsibly.
02:35Baldwin's lawyers contended that he was failed by Gutierrez and others responsible for safety
02:40on the set, and that law enforcement focused more on prosecuting Baldwin than finding the
02:46source of the live round that killed Hutchins.
02:48The state has repeatedly made representations to defense and to the court that they were
02:54compliant with all their discovery obligations.
02:57Despite their repeated representations, they have continued to fail to disclose critical
03:01evidence to the defendant.
03:04Brady and Harper are satisfied.
03:06Dismissal with prejudice is warranted.
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