Judge dismisses Alec Baldwin’s ‘Rust’ case after defense claims evidence was withheld

In a stunning turn of events, a New Mexico judge dismissed Alec Baldwin‘s Rust case on Friday. The dismissal came on day three of Baldwin’s involuntary manslaughter trial in connection with the deadly on-set shooting.

The judge granted the defense’s motion to dismiss the case, in which they claimed that live ammunition related the investigation, which came into the hands of local law enforcement, was “concealed” from them.

Judge Mary Marlowe Sommer said the state’s discovery violation — the late disclosure of a supplemental report on the ammunition evidence — “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”

“There is no way for the court to right this wrong,” Sommer said in granting the motion to dismiss with prejudice, meaning Baldwin cannot be tried again on the charge.

Baldwin reacted emotionally as the judge explained her ruling.

The decision followed a day-long motion hearing at the trial over the death of Rust cinematographer Halyna Hutchins. She was fatally shot by Baldwin on the Santa Fe set of the western in October 2021 when his revolver fired a live round.

The court discussed the defense’s motion in the absence of the jury. In an unexpected move, the special prosecutor on the case, Kari Morrissey, also called herself to testify on the matter.

During cross-examination of Morrissey, it was revealed that the other prosecutor in the case, Erlinda Ocampo Johnson, resigned from the case on Friday. Morrissey said it was because Johnson “didn’t agree with the decision to have a public hearing.”