The New Mexico judge overseeing actor Alec Baldwin’s “Rust” case dismissed the involuntary manslaughter charges mid-trial Friday, ruling that the state withheld evidence and the case could not be retried.
Handing down the ruling from the bench, Judge Mary Marlowe Sommer said the withholding of the evidence, related to bullets turned over to law enforcement during the investigation, was “intentional and deliberate.”
“The state’s discovery violation has injected a needless, incurable delay into the instant jury trial. Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice,” Sommer said in her decision.
Baldwin broke down in tears as she announced her ruling before embracing his wife, who was seated in the gallery.
The dismissal was largely based on misconduct of police and prosecutors, who were accused of withholding evidence from the defense.
“The court concludes that this conduct is highly prejudicial to the defendant. The jury has been sworn. Jeopardy has attached, and this disclosure during the course of trial is so late that it undermines the defendant’s preparation for trial,” Sommer continued. “There is no way for the court to right this wrong.”
“The defense is not in a position to test the state’s theory as to the source of the live rounds that killed Ms. Hutchins,” she added. “The state is highly culpable for its failure to provide this discovery to the defendant.”
The judge’s decision to drop the case came after numerous failed attempts for a dismissal by Baldwin’s team.
Jury selection in the trial began Tuesday — nearly three years after the deadly shooting of cinematographer Halyna Hutchins on a Western movie set in New Mexico.
Baldwin, 66, pleaded not guilty and maintained throughout the case that he was not criminally responsible for unwittingly discharging a live bullet in the prop revolver used on set. Movie guns are typically loaded with secure blanks for filming, as live ammunition is prohibited on film sets.
Hannah Gutierrez-Reed, the film’s armorer, was convicted of involuntary manslaughter in March and sentenced to 18 months in prison, after prosecutors argued she brought live ammunition onto the set despite rules against it and failed to follow gun safety protocols that could have prevented the shooting. Gutierrez-Reed is appealing the conviction.
The production team resumed filming of “Rust” in Montana last year and it is expected to be released sometime in 2024 or later.
Zach Schonfeld contributed reporting.
