Judge denies motion to vacate dismissal of criminal charges against Alec Baldwin

(Reuters) – A state district judge on Thursday rejected a request from prosecutors to overturn their dismissal of a high-profile criminal case against Alec Baldwin.

Judge Mary Marlowe Sommer’s order denies a motion filed in September by special prosecutor Kari Morrissey asking her to reconsider her dismissal of the case during Baldwin’s trial in July.

Morrissey indicated in an email Friday that prosecutors plan to appeal the order.

Baldwin was charged with involuntary manslaughter in the fatal shooting of camerawoman Halyna Hutchins on the set of the 2021 Western film Rust. The actor was holding a gun that fired a live cartridge during a rehearsal at a film farm south of Santa Fe. The criminal case against him was resolved during a jury trial in July when Sommer abruptly dismissed the case, citing violations of rules governing disclosure of evidence by prosecutors and law enforcement.

“The State intends to appeal Judge Marlowe Sommer’s order,” Morrissey wrote. “Given the loss of a human life, it is important that the higher courts have the opportunity to make a final decision.”

Sommer wrote in her order this week that Morrissey’s 52-page September motion improperly exceeded the court’s page limit and “puts forward arguments previously made as well as novel arguments that the state could have made earlier in the proceedings.”

Sommer wrote in Morrisey’s motion, “Both primarily reaffirm factual arguments previously made by the State and advance new legal arguments that could have been made during an earlier briefing or at the July 12, 2024 hearing.”

The judge noted in her order that Morrissey responded after Baldwin’s lawyers announced during the trial their intention to file a motion to dismiss the case – accusing prosecutors and police officials of withholding information about ammunition that a man had initially used of the year in evidence: “I don’t think I’ll get much of an answer, I can probably just do it verbally because now I’ve figured out what we’re dealing with.”

Sommer wrote that prosecutors “decided not to present an argument after presenting evidence during the hearing and decided not to ask the court to adjourn the hearing to allow the state more time to conduct research and prepare arguments.” admit.”

She also noted that the prosecution’s request was “untimely” and cited the “permissible time limit” for such a request to reconsider her order dismissing the case, which ended on August 30.

While the criminal charges against Baldwin were dismissed, Rust’s crew member, who was tasked with handling firearms on set, was convicted.

Gunsmith Hannah Gutierrez-Reed remains in a state prison serving an 18-month sentence after a jury found her guilty of involuntary manslaughter. She was accused of bringing live bullets onto the film set.

Earlier this month, Gutierrez-Reed pleaded guilty to an additional charge of carrying a firearm into a bar. She admitted taking a handgun to The Matador in downtown Santa Fe several weeks before the fatal shooting in October 2021.