By Morgan Lee
SANTA FE, N.M. (AP) --A prosecutor has asked a New Mexico judge to reconsider the decision to dismiss an involuntary manslaughter charge against Alec Baldwin in the fatal shooting of a cinematographer on the set of a Western movie, according to a court filing made public Wednesday.
Special prosecutor Kari Morrissey said there were insufficient facts to support the July ruling and that Baldwin’s due process rights had not been violated.
State District Court Judge Mary Marlowe Sommer dismissed the case halfway through a trial based on the withholding of evidence by police and prosecutors from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”
The charge against Baldwin was dismissed with prejudice, meaning it can’t be revived once any appeals of the decision are exhausted.
Baldwin, the lead actor and co-producer on “Rust,” was pointing a gun at cinematographer Halyna Hutchins during a rehearsal when it went off, killing her and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case.
In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
In the request to reconsider, Morrissey argued again that the undisclosed ammunition was not relevant to the case against Baldwin, which hinged on his responsibility to handle a gun safely under familiar industry guidelines.
“No one on the prosecution team ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case,” Morrissey wrote.
She asserted that defense attorneys knew about the rounds but canceled an opportunity to view them prior to trial.
“This is a smoke screen created by the defense and was intended to sway and confuse the court … and it was successful,” Morrissey wrote.
Baldwin’s lead attorney, Luke Nikas, didn’t immediately respond to requests for comment about Morrissey’s filing.
Movie armorer Hannah Gutierrez-Reed is serving an 18-month sentence on a conviction for involuntary manslaughter. She was accused of flouting standard safety protocols and missing multiple opportunities to detect forbidden live ammunition on set. Assistant director and safety coordinator David Halls pleaded no contest to the negligent use of a deadly weapon and was sentenced to six months of unsupervised probation. A no contest plea isn’t an admission of guilt but is treated as such for sentencing purposes.
It hasn’t been officially determined who brought the live rounds that killed Hutchins to the set, though prosecutors allege that Gutierrez-Reed was responsible.
The ammunition that skuttled the case was handed over to a Santa Fe County Sheriff’s Office crime scene technician who filed the evidence under an unrelated case number. Three of those rounds resembled live rounds that were collected from the “Rust” set after the fatal shooting.
The mysterious ammunition was dropped off at the sheriff’s office by Troy Teske, of Bullhead City, Arizona, who routinely stored weapons and ammunition for his friend and longtime movie-gun coach Thell Reed — Gutierrez-Reed’s step-father and mentor as a film-set armorer.
Morrissey asked the judge to order defense attorneys to show when and how they learned of the ammunition provided by Teske, calling the defense motion to dismiss the case “all a ruse.”
Sean “Diddy” Combs Is Arrested In NY After Federal Indictment
Sean "Diddy" Combs, the hip-hop mogul who has faced a stream of allegations by women accusing him of sexual assault, was arrested late Monday in New York after he was indicted by a federal grand jury.
The indictment was sealed and details of the charges weren't immediately announced by prosecutors, but the U.S. attorney in Manhattan, Damian Williams, confirmed in a statement that federal agents had Combs in custody.
"We expect to move to unseal the indictment in the morning and will have more to say at that time," Williams said in a statement.
Combs was arrested in a Manhattan hotel lobby, according to a person familiar with the arrest who spoke with The Associated Press on condition of anonymity because they were not authorized to speak publicly.
His lawyer, Marc Agnifilo, said Combs had been cooperating with the investigation and had relocated to New York last week in anticipation of charges being brought.
"We are disappointed with the decision to pursue what we believe is an unjust prosecution of Mr. Combs by the U.S. Attorney's Office," Agnifilo said, describing his client as a music icon and a "loving family man."
"He is an imperfect person, but he is not a criminal," Agnifilo said in a statement, adding "Please reserve your judgment until you have all the facts. These are the acts of an innocent man with nothing to hide, and he looks forward to clearing his name in court."
The criminal charges are a major but not unexpected takedown of one of the most prominent producers and most famous names in the history of hip-hop.
The federal investigation of Combs, 58, was revealed when Homeland Security Investigations agents served simultaneous search warrants and raided Combs' mansions in Los Angeles and Miami... Read More