Watch: Alec Baldwin weeps in court as judge dismisses manslaughter case
Alec Baldwin wept in court on Friday as a judge unexpectedly dismissed a case against him for manslaughter on the set of Rust.
The case was brought to an abrupt close in New Mexico after the judge, Mary Marlowe Sommer, accused the state of withholding evidence.
Baldwin was accused of the accidental death of a cinematographer, after a prop gun he was using discharged a live round on set.
He had been told the gun was “cold” and safe to use, but was accused of brandishing it dangerously during rehearsal.
“There is no way for the court to right this wrong,” said Judge Sommer, accusing the state of bringing undisclosed evidence to the trial when it had already begun.
“The state’s withholding of the evidence was wilful and deliberate,” she added.
“Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice.”
Mr Baldwin’s life and livelihood has been under threat for three years after the death of Halyna Hutchins, the cinematographer. He faced 18 months in prison if convicted.
Erlinda Johnson, one of the state prosecutors on the case, resigned on Friday, the fourth prosecutor to quit or be forced to step down.
“I did not intend to mislead the court,” lead state prosecutor Kari Morrissey said after taking the unusual step of defending herself from the witness stand.
“My understanding of what was dropped off at the sheriff’s office is on this computer screen and it looks absolutely nothing like the live rounds from the set of Rust.”
The actor’s lawyers said the Santa Fe sheriff’s office took possession of live rounds as evidence in the case but failed to list them in the Rust investigation file or disclose their existence to defence lawyers.
They also alleged the rounds were evidence that the bullet that killed Hutchins came from Seth Kenney, the movie’s prop supplier.
Mr Kenney has denied supplying live ammunition to the production and has not been charged in the case. He had been expected to testify against Baldwin.
The Colt .45 rounds at the centre of the case’s dismissal were handed into the Santa Fe County Sheriff’s Office on March 6 by Troy Teske, a friend of Thell Reed, the stepfather of Rust armorer Hannah Gutierrez, on the same day Gutierrez was convicted of involuntary manslaughter for Hutchins’ death.
A Santa Fe County Sheriff’s Office technician, Marissa Poppel, testified before the judge on Friday that the rounds were not hidden from Baldwin and she was told to file them and details on how they were obtained under a different case number to the Rust case.
She disputed the assertion of Alex Spiro, Baldwin’s lawyer, that the Colt .45 ammunition matched the round that killed Hutchins.
Ms Morrissey had questioned the allegation the evidence was concealed from Baldwin.
“If you buried it how did the defence attorneys know to cross examine you about it yesterday?” Ms Morrissey asked.
Prosecutors accused Gutierrez of bringing the live rounds onto the set, an allegation she denied.
Prosecutors allege Baldwin played a role in the death of Hutchins because he handled the gun irresponsibly.
His lawyers say Baldwin was failed by Gutierrez and others responsible for safety on the set, and that law enforcement agents were more interested in prosecuting their client than finding the source of a live round that killed Hutchins.