Date: July 19, 2024

In a significant legal development on July 12th, the New Mexico State judge dismissed with prejudice the criminal prosecution of actor Alec Baldwin concerning the 2021 shooting of cinematographer Halyna Hutchins on the ‘Rust’ movie set.

Alec Baldwin and the armorer at the set of “Rust”, Hannah Gutierrez-Reed, were charged with manslaughter due to the presence of live bullets and live ammunition on the set. Earlier this year, in March, the armorer was convicted of involuntary manslaughter, and the New Mexico prosecutors had just commenced Baldwin’s trial.

On July 12th, the court made a surprising move by dismissing the prosecution’s case against Alec Baldwin with prejudice. This decision was based on a Brady violation. The Brady ruling, a longstanding Supreme Court precedent, mandates that prosecutors must disclose any exculpatory or “helpful” evidence to the defense to ensure a fair trial.

The Brady Violation

In this instance, it was revealed that a box of ammunition had been delivered to the Santa Fe County Sheriff’s Department. This box of ammunition was not included in the case file and was never handed over to Baldwin’s defense team. The court determined that this omission severely compromised the fairness of the trial. As a result, the judge not only halted the trial but also prohibited the charges from being refiled. Attention is now turning to the armorer, Miss Gutierrez-Reed, who was previously convicted. It is likely she will challenge the prosecution and her conviction in light of these new developments. Observers are keen to see how the court will handle her case.

For more information, please contact Christopher T. Zona at 212-324-1879.

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