On the third day of trial on Friday, First Judicial District Court Judge Mary Marlowe Sommer sent the jury home in the morning, and in the afternoon dismissed with prejudice the involuntary manslaughter case against Rust actor Alec Baldwin, bringing the case to a close.
Defense attorneys once again moved for dismissal of the involuntary manslaughter charge against the actor in the Oct. 21, 2021 on-set shooting that killed cinematographer Halyna Hutchins following testimony from Santa Fe County Sheriff’s Office crime scene technician Marissa Poppell Thursday that revealed a retired police officer had dropped off live rounds to investigators the day of former Rust armorer Hannah Gutierrez-Reed’s conviction in March, which they said they were unaware of until yesterday.
Following arguments and testimony, Marlowe Sommer said dismissal with prejudice is “a very extreme sanction” and she wanted to make “a good record.” She cited case law regarding so-called Brady violations in which a prosecutor fails to disclose information that could help the defendant, and reviewed the required elements: proof that the prosecution suppressed or withheld evidence, even in absence of bad faith; proof the evidence was favorable to the accused; and proof the evidence is material. She determined all criteria had been met.
“The case agent was aware of the evidence and did not make an effort to provide it to the defense. It certainly comes so near bad faith that it shows signs of prejudice. The court concludes this conduct is highly prejudicial to the defendant,” Marlowe Sommer said. “There is no way for the court to right this wrong. The sanction of dismissal is the only warranted remedy. Your motion to dismiss with prejudice is granted.”
Baldwin cried and hugged his wife Hilaria Baldwin as the judge made her decision.
Baldwin defense attorney Luke Nikas argued early in the morning that after repeat violations of evidentiary discovery by prosecutors, the case should be dismissed.
“This is critical evidence in the case that was never disclosed to us,” Nikas said. “We were entitled to it. This case should be dismissed. This is over and over and over again, and the court has given them a fair chance.”
Special Prosecutor Kari Morrissey disputed that allegation in opening arguments and during her own self-requested time on the stand as a witness, saying the state committed “absolutely no violations of our obligations.” She added the retired officer, Troy Teske, was a good friend of the former armorer’s father Thell Reed and the photos she had reviewed from Teske looked nothing like the live rounds located on set.
“This is a wild goose chase that has no evidentiary value whatsoever,” Morrissey said. “This is simply a man trying to protect his daughter.”
After hearing opening arguments, Marlowe Sommer asked to review the evidence and the supplemental report that prosecutors failed to provide to the defense team with Poppell on the stand and allowed lawyers to question her as well.
When asked by defense attorney Alex Spiro if Poppell had hidden the evidence from defense intentionally, she testified she was instructed by supervisors to file a report under a different case number but disputed foul play.
“This was not hidden,” Poppell said. “This was under a case number. It was documented.”
During cross examination, Morrissey questioned how the defense knew to cross examine Poppell on the information if she buried it.
“I do not know,” she replied to Morrissey.
Following testimony from Poppell, Marlowe Sommer also asked that the former lead detective Corporal Alexandria Hancock; Rust arms supplier and PDQ Arm and Prop owner Seth Kenney; and Lieutenant Brian Brandle come to testify in the matter.
During testimony from Hancock, she told the court the decision to file the ammunition from Teske under a separate case number was a mutual one between Brandle, herself and Morrissey “pending further investigation.”
Early in the day, Special Prosecutor Erlinda Johnson walked off the case.
The trial drew national and international media attention to Santa Fe, with news outlets including the New York Times, the Los Angeles Times, the Times of London, CBS and others covering the case. CourtTV livestreamed the proceedings.