“Rust” judge rejects retrial of Alec Baldwin case because prosecutor’s file was too long

Judge Mary Marlowe Sommer, who presided over the state’s “Rust” case against Alec Baldwin rules out possible charges against the actor.

In July 2024, the judge adjourned the trial entirely on the third day of testimony after a witness accidentally let slip that he had worked with prosecutors to consolidate evidence under a different case number and not disclose it to Baldwin’s lawyers.

Special Prosecutor Kari Morrissey filed a motion with the judge to reopen the case, but luckily for the “30 Rock” actor, the judge refused to give the matter any further consideration, saying the prosecution’s motion was too long!

“Rust” judge: Prosecutor’s indictment against Alec Baldwin was 42 pages too long

Earlier this week, a court motion filed by Special Prosecutor Kari Morrisey was released showing that she is trying to get the judge to reinstate manslaughter charges against Alec Baldwin. The judge had decided to dismiss the case when the court learned that the prosecutor had violated the Brady Rule by working with law enforcement officials to destroy evidence.

The case was dismissed with prejudice, meaning Baldwin could not face another round of criminal charges. The case against him had already been dismissed in April 2023, pending further investigation into the weapon used in the shooting. The charges were reinstated in January 2024, with Alec Baldwin pleading not guilty. He faced 18 months in prison for his role in the 2021 shooting.

Judge says prosecutor did not have permission to prepare extensive filing

On September 5, Judge Sommer issued a dismissal ruling rejecting Morrissey’s attempts to file charges against Baldwin for a third time. According to DeadlineThe 52-page file of the public prosecutor’s office exceeded the deadline, which should have been only 10 pages, by 42 pages.

“Given the procedural nature of the case, the court must enforce the local rule to regulate the court’s day-to-day operations and promote judicial efficiency,” Judge Sommer wrote in her dismissal, adding, “A successful argument can remain within the limitations of the rule.”

Morrissey could have written more than the required ten pages if she had received permission, but according to the judge’s response, she did not.

Hannah Gutierrez-Reed’s fate is uncertain

Although Alec Baldwin is not held criminally responsible for the cameraman’s death Halyna Hutchinshe, along with other Rust producers, is still facing several civil lawsuits. The same cannot be said for Armsmaster Hannah Gutierrez-ReedHowever, he was found guilty of manslaughter in March and sentenced to the maximum prison term allowed by the state: 18 months.

However, the 27-year-old gunsmith is hoping for a retrial or at least an overturning of her conviction. A few days after Alec Baldwin’s trial was officially dismissed, her legal team claimed that prosecutors could have suppressed evidence during her trial as well, which would have necessitated a new trial.

A hearing is scheduled for the end of the month to determine whether the gunsmith will be released from custody pending a retrial or whether she will have to continue serving the remainder of her 18-month sentence.

Gunsmith “Rust” has negotiated a deal in separate gun possession charges

Cinematographer Halyna Hutchins was shot on the set of “Rust” when a gun held by Alec Baldwin went off, striking and killing Hutchins and sending the director to the hospital. Joel SouzaGunsmith Hannah Gutierrez-Reed, who loaded the gun given to Baldwin, was accused of bringing the live ammunition to the range and loading the gun with real ammunition.

However, the true source of the live ammunition on set was never revealed, as there were theories that the live ammunition came from prop suppliers. Seth Kenney. Regardless, Hannah Gutierrez-Reed was involved in another case involving reckless handling of a firearm weeks before the shooting. She was accused of bringing a firearm to a bar in New Mexico on October 1, 2021.

The state of New Mexico reached a plea agreement with the gunsmith earlier this month. As part of the agreement, she agreed to spend 18 months on probation.

Joel Souza says he finished ‘Rust’ for Halyna Hutchins’ family

Although the ailing director considered retiring after his body was shot on set, he told Vanity Fair in August that he decided to finish the film to help the late cinematographer’s family financially.

“I knew that Halyna’s family would benefit financially if the film was completed, and that’s very important to me,” he explained. “And I know that this can sound trite to people who aren’t creative, but her final work is important. It’s important that people see her final work. That was the deciding factor for me in my decision.”

He also clarified the status of his relationship with Alec Baldwin, stating: “We are not friends. We are not enemies. There is no relationship.”