A New Mexico judge dismissed involuntary manslaughter charges against Alec Baldwin on Friday, agreeing with his lawyers that prosecutors and police withheld evidence on the source of the live round that killed “Rust” cinematographer Halyna Hutchins in 2021.
Three days after Baldwin’s trial began in New Mexico, Judge Mary Marlowe Sommer ruled after hearing evidence on the defense request made earlier on Friday.
The actor’s legal team said the Santa Fe sheriff’s office took possession of live rounds as evidence in the case but failed to list them in the “Rust” investigation file or disclose their existence to defense lawyers.
They also alleged the rounds were evidence that the bullet that killed Hutchins came from Seth Kenney, the movie’s prop supplier. Kenney has denied supplying live ammunition to the production and has not been charged in the case.
“The state’s withholding of the evidence was wilful and deliberate,” Sommer said in delivering her decision. “Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice.”
Erlinda Johnson, one of the state prosecutors, resigned from the case earlier on Friday.
“I did not intend to mislead the court,” lead state prosecutor Kari Morrissey told the court after calling herself to the stand. “My understanding of what was dropped off at the sheriff’s office is on this computer screen and it looks absolutely nothing like the live rounds from the set of Rust.”