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In a stunning turn, judge throws out case against Alec Baldwin

Actor Alec Baldwin hugs his attorney Alex Spiro.
Ramsay de Give
Actor Alec Baldwin hugs his attorney Alex Spiro.

Updated July 12, 2024 at 22:06 PM ET

Santa Fe Judge Mary Marlowe Sommer has dismissed actor Alec Baldwin’s case for involuntary manslaughter.

Baldwin’s attorneys filed a last-minute motion to dismiss the case, arguing that they were not given a chance to examine what could be key evidence: a collection of ammunition that was turned in around the time the film’s armorer, Hannah Gutierrez-Reed, was on trial for involuntary manslaughter. Gutierrez-Reed is currently serving an 18-month sentence.

That ammunition got to the heart of Baldwin’s case, where much of the testimony circled around how live ammunition could have gotten onto the set of Rust. The actor was pointing a gun during a rehearsal for the movie in October of 2021 when the firearm went off, killing cinematographer Halyna Hutchins.

Judge Sommer agreed that the prosecution should have disclosed details about the additional ammunition to Baldwin’s team. It was enough to dismiss the case with prejudice, meaning it can’t be brought against Baldwin again.

Judge Mary Marlowe Sommer. Sommer also presided over the case against <em>Rust </em>armorer Hannah Gutierrez-Reed that ended in a conviction for involuntary manslaughter.
Eddie Moore / The Albuquerque Journal
Judge Mary Marlowe Sommer. Sommer also presided over the case against Rust armorer Hannah Gutierrez-Reed that ended in a conviction for involuntary manslaughter.

“There is no way for the court to right this wrong,” Sommer said when making her ruling this afternoon. Baldwin and his family broke down in tears in the courtroom. He’d been supported by his wife and siblings since testimony began on Wednesday.

The evidence that ended the case

Around the time of Hannah Gutierrez-Reed's trial, a man named Troy Teske turned in a collection of bullets to the Sheriff's Office in Santa Fe. He said at the time that they were from the same batch as the live ammunition used on the set of Rust. (Prosecutor Kari Morrissey said Teske was a good friend of Gutierrez-Reed’s father, a well-known armorer named Thell Reed.) The bullets he brought were filed under a different case number, and Morrissey said that she believed those bullets were not the same as the fatal bullet that killed Hutchins.

Special prosecutor Kari Morrissey on the witness stand. Another member of the prosecution team, Erlinda Johnson, resigned suddenly earlier on Friday.
Ramsay de Give / AP
Special prosecutor Kari Morrissey on the witness stand. Another member of the prosecution team, Erlinda Johnson, resigned suddenly earlier on Friday.

Morrissey later went onto the witness stand herself, admitting that she didn’t think that evidence was relevant to Baldwin's trial.

However, Baldwin’s legal team saw a cover-up: potential evidence that could have helped Baldwin’s case was never shared with them.

Judge Sommer agreed. “The state is highly culpable for its failure to provide this discovery to the defendant,” the judge ruled.

Earlier on Friday, the jury was dismissed while the judge considered whether to proceed with the case.

Baldwin had been facing up to 18 months behind bars for involuntary manslaughter.


Catch up on Baldwin's case

Copyright 2024 NPR

Clare Lombardo
Mandalit del Barco
As an arts correspondent based at NPR West, Mandalit del Barco reports and produces stories about film, television, music, visual arts, dance and other topics. Over the years, she has also covered everything from street gangs to Hollywood, police and prisons, marijuana, immigration, race relations, natural disasters, Latino arts and urban street culture (including hip hop dance, music, and art). Every year, she covers the Oscars and the Grammy awards for NPR, as well as the Sundance Film Festival and other events. Her news reports, feature stories and photos, filed from Los Angeles and abroad, can be heard on All Things Considered, Morning Edition, Weekend Edition, Alt.latino, and npr.org.