The “Rust” prosecution was hit with a new setback on Thursday after Judge Mary Marlowe Sommer ruled that a 52-page filing from special prosecutor Kari Morrissey meant to have the court reconsider dismissing Alec Baldwin’s manslaughter charges exceeded the 10-page limit. The court therefore would not consider it.
It marked the latest legal update since the actor-producer’s manslaughter trial was dismissed in July.
According to the New Mexico filing, obtained by TheWrap, the judge determined that Morrissey’s 52-page motion to reconsider the dismissal with prejudice ruling (plus 387 pages of exhibits) well exceeded the local 10-page regulation. While the state filed a subsequent motion for an extension on that page limit, Sommer denied that request as it was “not well-taken.”
Morrissey can, however, still whittle her main motion down to 10 pages and resubmit for consideration.
The update comes two months after Baldwin’s manslaughter trial was dismissed with prejudice after evidence emerged that police and prosecutors deliberately withheld live bullets from the defense. The actor was on trial for the 2021 shooting death of cinematographer Halyna Hutchins.
“The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings. 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,” Judge Sommer said in her initial ruling. “The state is highly culpable for its failure to provide this discovery to the defendant. The state unilaterally withheld the supplemental report. [The] Santa Fe County Sheriff’s officer made the decision — and apparently also with the prosecutor, as pursuant to [Cpl. Alexandria] Hancock’s testimony — that the evidence was of no evidentiary value and failed to connect the evidence to the case.”
“Ms. Morrissey was aware of the new evidence and yet did not make an effort to disclose it to defense. The state’s willful withholding of this information was intentional and deliberate. If this conduct does rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching,” she continued. “The state’s discovery violation has injected a needless incurable delay into the jury trial. Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice. Your motion to dismiss with prejudice is granted.”
Meanwhile, “Rust” armorer Hannah Gutierrez-Reed is currently serving 18 months in prison for her role in Hutchins’ death.
Variety was first to report the update.
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