Judge throws out case against Alec Baldwin | CNN (2024)

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By Tori B. Powell, Elise Hammond, Aditi Sangal and Josh Campbell, CNN

Updated 9:40 PM EDT, Fri July 12, 2024

Judge throws out case against Alec Baldwin | CNN (7)

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Alec Baldwin appears to cry as involuntary manslaughter case is dismissed

00:55 - Source: CNN

What we covered here today

  • In a stunning move Friday, Judge Mary Marlowe Sommer dismissed the involuntary manslaughter charge against actor Alec Baldwin in the 2021 death of cinematographer Halyna Hutchins on the set of the Western film “Rust.”
  • Baldwin’s attorney had filed a motion to dismiss the case, arguing misconduct by state investigators in not properly disclosing evidence. The case was dismissed with prejudice, meaning prosecutors cannot bring it back.
  • Baldwin pleaded not guilty and has maintained he did not pull the trigger after he discharged a prop gun. If convicted, the actor could have faced up to 18 months in prison and a $5,000 fine.
  • The attorney of Hannah Gutierrez-Reed —the armorer for “Rust,”who was jailed on charges related to the shooting — said he will now move to get her case dismissed due to the “same failures.”

12 Posts

Our live coverage of the Alec Baldwin trial has concluded. Please scroll through the posts below to read about today’s stunning developments.

The remarkable conclusion to Alec Baldwin's trial for involuntary manslaughter. Here's what happened

From CNN's Josh Campbell and Tori B. Powell

Judge Mary Marlowe Sommer on Fridaydismissed the involuntary manslaughter chargeagainst actor Alec Baldwin in the 2021 death of a cinematographer — a stunning move which ends three years ofback-and-forth legal arguments.

Baldwin’s attorneys had filed a motion to dismiss the case, arguing state investigators did not properly share with the defense that a man had delivered a box of ammunition purportedly connected to the case to investigators.

There were stunned faces across the courtroom at around 4 p.m. local time while Sommer abruptly began making her ruling. Baldwin could be seen crying as the decision was announced and he immediately hugged his wife Hilaria as court was excused for the day.

Here’s what you should know:

Details about the case:

  • In January, 2023, prosecutorscharged Baldwin with two counts of involuntary manslaughter in the death of cinematographer Halyna Hutchins on the set of the Western film “Rust” in October 2021.
  • Baldwin pleaded not guiltyand maintained hedid not pullthe trigger after hedischarged a prop gun.
  • New Mexico state law classifies involuntary manslaughter as a fourth degree felony. He faced up to 18 months in prison and a $5,000 fine for the charge.

How the trial unfolded:

  • At opening statements Wednesday, prosecutors alleged Baldwin violated the “cardinal rules of firearm safety” by pointing the prop gun at Hutchins and pulling the trigger.
  • The defense blamed the film’s armorer and the first assistant director – jointly in charge of firearm safety on set – for allowing a real bullet to be loaded into the prop gun and failing to make it safe before it reached Baldwin.
  • The jury heard testimonies over three days from four officers, a crime scene technician, a gun manufacturer, a marketing executive and – in an unusual move – special prosecutor Kari Morrissey on Friday.

How the case was dismissed:

  • Sommer, who had been adamant about keeping the trial on schedule, was noticeably perturbed early Friday when she sent the jury home so that she could hear several hours of testimony about the issue of the alleged non-disclosure of evidence.
  • She herself questioned a crime scene technician on the stand, who said in court that ammunition was later provided to investigators by a man who said it could be relevant to the “Rust” movie shooting investigation – but that authorities did not catalogue the items within the Santa Fe County Sheriff’s department case file dedicated to the “Rust” investigation. Baldwin’s attorneys had argued that information about this new evidence was not properly disclosed to them and that a dismissal of the case was in order. Another critical revelation came when the judge learned that Morrissey had been involved in discussions with investigators about the newly obtained items, but she did not believe it was relevant to the investigation.
  • The case unraveled in real time Friday afternoon after Morrissey agreed to take the stand as a witness and answer sharp questions under oath from defense attorney Alex Spiro. In her testimony, Morrissey stated special prosecutor Erlinda Johnson – who delivered opening statements against Baldwin – had resigned from the prosecution team that day.

Reactions:

  • The attorney of the film’s armorer Hannah Gutierrez-Reed,who was jailed on charges related to the shooting, said he will move to dismiss her case after a judge threw out Baldwin’s. Gutierrez-Reed was found guilty of involuntary manslaughter in March for Hutchins’death and sentenced to 18 months in prison, the maximum possible punishment.
  • Special prosecutor Morrissey said she was disappointed following Sommer’s decision. She told reporters she believes “the importance of the evidence was misconstrued by the defense attorneys,” but said she respects the court’s decision.”
  • Brian Panish, attorney for Matthew Hutchins, husband of Halyna Hutchins, said they respected the court’s decision. The statement added: “We look forward to presenting all the evidence to a jury and holding Mr. Baldwin accountable for his actions in the senseless death of Halyna Hutchins.”

Looks of disbelief and elation in the court gallery as judge threw out the case against Alec Baldwin

From CNN's Josh Campbell

There were stunned faces across the courtroom as Judge Mary Marlowe Sommer abruptly started into her ruling on the motion to dismiss Alec Baldwin’s indictment.

It was unclear throughout the day whether she would make a ruling Friday or carry the decision over into next week.

The judge began with an explanation that dismissing any case requires her to read through a formal and lengthy statement.

At that moment, members of the gallery — the general public, court officers and journalists — began to turn and look at each other in disbelief that a dismissal appeared imminent.

Looks of both shock and elation began to cross the faces of some of Baldwin’s family members and his guests in the audience as the judge detailed line by line why she was throwing out the case.

Baldwin’s sister Beth wiped her eyes with a tissue.

Members of the Baldwin family cried and embraced after the judge finished her order with, “Your motion to dismiss with prejudice is granted.”

Special prosecutor says she is disappointed after judge dismisses case

From CNN's Tori B. Powell
Judge throws out case against Alec Baldwin | CNN (8)

Special prosecutor Kari Morrissey speaks during the trial on Friday, July 12

Special prosecutor Kari Morrissey said she is disappointed following Judge Mary Marlowe Sommer’s decision to dismiss the case against actor Alec Baldwin for involuntary manslaughter.

Morrissey called herself to the witness stand earlier today to explain why she did not disclose that particular information to the defense team. She said she had determined the evidence in question — ammunition brought forward by a man after the trial of the film’s armorer — had “no evidentiary value.”

When asked if she feels as though she let down the family of cinematographer Halyna Hutchins, who was fatally shot on-set in 2021, Morrissey answered, “No, we didn’t.”

The emotional moment when the judge dismissed the case against Alec Baldwin

From CNN's Aditi Sangal
Judge throws out case against Alec Baldwin | CNN (9)

Baldwin reacts as the case is dismissed on Friday, July 12.

Alec Baldwin was seen getting increasingly emotional as Judge Mary Marlowe Sommer ruled Friday that the prosecutor’s conduct in the involuntary manslaughter case was prejudicial.

Judge throws out case against Alec Baldwin | CNN (10)

Attorney Luke Nikas embraces Baldwinas the case is dismissed.

As she concluded that it was grounds for dismissal, Baldwin was seen crying as his lawyers comforted him. He hugged his attorneys as Sommer declared recess.

His wife, Hilaria Baldwin, was also seen crying and being consoled by others.

Judge throws out case against Alec Baldwin | CNN (11)

Hilaria Baldwin, left, wife of actor Alec Baldwin, and his sister Elizabeth Keuchler react during his trial.

When everyone was allowed to move, the actor went and hugged his wife and they shared a long, emotional embrace. Then as he moved to shake hands with others, she also hugged the defense attorney Alex Spiro.

The couple were seeing hugging others before they were escorted out by Spiro.

Judge throws out case against Alec Baldwin | CNN (12)

Alec Baldwin and his wife Hilaria Baldwin embrace before leaving the courtroom.

The dismissal of Baldwin's charge comes after nearly 3 years of legal back-and-forth

From CNN's Eric Levenson
Judge throws out case against Alec Baldwin | CNN (13)

Judge Mary Marlowe Sommer presides over actor the trial on Friday, July 12.

Judge Mary Marlowe Sommer has just dismissed the involuntary manslaughter charge against actor Alec Baldwin in the 2021 death of cinematographer Halyna Hutchins on the set of the Western film “Rust.”

It marks the end of nearly three years of back-and-forth legal arguments and turnover in prosecutors.

Baldwin’s team also attempted to get previous charges thrown out.

At the end of January 2023, Baldwin and “Rust” armorer Hannah Gutierrez Reed wereformally chargedwith involuntary manslaughter.

In April 2023, New Mexico special prosecutorsdismissed the inital charges against Baldwin, citing “new facts” in the case. “This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled,” they said.

In January 2024, Baldwin wasindicted again by a grand juryon a charge of involuntary manslaughter — the charge that was on trial before a jury this week.

Today, Sommerdismissed the case with prejudice, meaning prosecutors cannot bring it back.

Halyna Hutchins was a journalist and promising cinematographer

From CNN's Lisa Respers France
Judge throws out case against Alec Baldwin | CNN (14)

Halyna Hutchins seen on January 28, 2019 in Park City, Utah.

Halyna Hutchins was director of photography on “Rust” when she was killed in a shooting by a prop gun on the set in 2021.

On Friday, a judge dismissed the criminal case against actor Alec Baldwin related to the shooting that killed Hutchins and injured director Joel Souza.

A journalist turned promising cinematographer, Hutchins was a native of Ukraine and worked as an investigative journalist with British documentary productions in Europe, where she did feature documentaries for the BBC and Discovery.

She lived in New York City, where she found a love for photography, before moving to Los Angeles.

After taking a UCLA extension course for directing Hutchins quickly figured out she loved cinematography more than directing, according to an interview for “Why Women Are Excelling in Hollywood”posted on YouTube months before her death.

Special prosecutor on Baldwin trial resigned earlier in the day

From CNN's Cheri Mossburg
Judge throws out case against Alec Baldwin | CNN (15)

Prosecutor Erlinda Johnson attends the trial at Santa Fe County District Court in Santa Fe, New Mexico, on Friday, July 12.

Among the shocking developments in the Baldwin trial on Friday was the revelation that special prosecutor Erlinda Johnson had resigned from the case earlier in the day.

Morrissey had called herself to the stand to explain why she did not disclose certain evidence to the defense team. She said she had determined the items in question — ammunition brought forward by a man after the trial of the film’s armorer — had “no evidentiary value.”

Some context: In court Thursday, a crime scene technician testified that a man had delivered some ammunition to the Santa Fe County Sheriff’s Office in March after theconviction of “Rust” armorer Hannah Gutierrez Reed.

The man, Troy Teske, a retired police officer and friend of the armorer’s father, told investigators he believed the ammunition could be associated with the “Rust” incident, crime scene technician Marissa Poppell testified.

However, the technician testified the items were cataloged separately from Baldwin’s case and were not included in the “Rust” case inventory or tested to see if they matched the lethal round.

Defense attorney Luke Nikas argued that the state didn’t do due diligence to share the evidence they knew about and concealed it fromBaldwin’s team.

Attorney for "Rust" armorer serving time in prison says he will move to get her case dismissed

From CNN's Julia Vargas Jones
Judge throws out case against Alec Baldwin | CNN (16)

Hannah Gutierrez-Reed listens to closing arguments during her trial in Santa Fe, New Mexico, on March 6.

The attorney of Hannah Gutierrez-Reed — the armorer for “Rust,” who was sentenced on charges related to the shooting — said he will move to dismiss her case after a judge threw out the involuntary manslaughter case against Alec Baldwin.

Gutierrez-Reed was found guilty of involuntary manslaughter in March for Halyna Hutchins’ death and sentenced to 18 months in prison, the maximum possible punishment.

Reed was the armorer responsible for firearm safety on the film set.

Ina lawsuit previously filedby Baldwin, the actor blamed the armorer for failing to check the bullets or the gun carefully and causing the tragedy.

Judge had paused trial amid allegations of government misconduct by the defense

From CNN’s Josh Campbell and Cheri Mossburg

The judge in the trial of actor AlecBaldwinhad halted testimony in the case and sent the jury home for the day before reaching her decision this evening to dismiss the indictment.

Judge Mary Marlowe Sommer had been considering a new motion by the actor’s legal team to have the case thrown out based on allegations of wrongdoing by investigators.

The motion stems from testimony given by a crime scene technician on Thursday about some ammunition delivered to the sheriff’s office after the conviction of “Rust” armorer Hannah Gutierrez Reed, whichBaldwin’s team claims was not properly disclosed to the defense.

Several rounds of ammunition were brought to the Santa Fe County Sheriff’s Office in March after the first trial concluded by retired police officer Troy Teske, a friend of the armorer’s father, crime scene technician Marissa Poppell testified.

Teske allegedly told investigators he believed the ammunition could be associated with the “Rust” incident, Poppell said. However, the crime scene technician said the items were catalogued separately and were not included in the Rust inventory or tested to see if they matched the lethal round.

Defense attorney Luke Nikas argued that the state didn’t do due diligence to share the evidence they knew about and concealed it fromBaldwin’s team. Prosecutor Kari Morrissey said that the rounds were not a match and had no evidentiary value to the case.

In a “very unusual” development, Judge Sommer asked for crime scene technician Poppell to be called back to the stand to discuss the rounds outside the presence of the jury.

The witness, judge and attorneys all donned blue gloves and gathered around a table in the center of the courtroom where the evidence envelope holding rounds turned over by Teske were unsealed and examined by the judge to determine whether the new evidence matches rounds recovered from the film set.

The courtroom was totally quiet and thick with tension as the judge compared the rounds.

Judge throws out case against Alec Baldwin

From CNN’s Josh Campbell and Cheri Mossburg
Judge throws out case against Alec Baldwin | CNN (17)

Baldwin cries as the judge dismisses the case on Friday, July 12.

Judge Mary Marlowe Sommer has dismissed the indictment against Alec Baldwin on Friday.

The case was dismissed with prejudice, meaning prosecutors cannot bring it back.

“There is no way for the court to right this wrong,” the judge said.

Baldwin could be seen crying as Sommer dismissed the case and immediately hugged his wife Hilaria as the court was excused for the day.

This post has been updated with additional details.

How we got here: A timeline of the "Rust" movie set shooting and resulting criminal cases

From CNN's Eric Levenson
Judge throws out case against Alec Baldwin | CNN (18)

The "Rust" set is seen at Bonanza Creek Ranch in Santa Fe, New Mexico, in October 2021.

A promising cinematographer was killed, a director was wounded and a film production was left in shambles after actor Alec Baldwin discharged a prop gun on set while rehearsing for the Western film “Rust.”

Here’s a timeline of the incident and resulting legal cases:

The shooting:

  • October 6, 2021: Filming of “Rust” began at Bonanza Creek Ranch, a movie set outside Santa Fe, New Mexico.
  • October 20, 2021: Severalcrew members walked off set, citing safety concerns.
  • October 21, 2021: Baldwin discharged a prop gun during rehearsal, killing cinematographer Halyna Hutchins and injuring director Joel Souza.

The investigations:

  • October 5, 2022: The family of Hutchins and Baldwinreached an undisclosed settlement in a wrongful death lawsuitfiled against the actor and others. As part of the settlement, Matthew Hutchins, the cinematographer’s widower, was named an executive producer on “Rust.”
  • January 31, 2023: Baldwin and the film’s armorer, Hannah Gutierrez Reed, wereformally chargedwith involuntary manslaughter.
  • February 23, 2023: Baldwinpleaded not guiltyto manslaughter charges and was released on personal recognizance.
  • April 20, 2023: New Mexico special prosecutorsdismissed the charges against Baldwin, citing “new facts” in the case. “This decision does not absolve Mr. Baldwin of criminal culpability and charges may be refiled,” they said.
  • August 9, 2023: Gutierrez Reedpleaded not guiltyto involuntary manslaughter and tampering with evidence.
  • January 19: Baldwin wasindicted by a grand juryon charges of involuntary manslaughter.
  • January 31: Baldwinpleaded not guiltyto involuntary manslaughter charges for the second time.
  • February 22: The trial of film armorer Gutierrez Reedbegan.
  • March 6: Gutierrez Reed wasfound guilty of involuntary manslaughter. She was acquitted of a charge of evidence tampering.
  • May 24: A New Mexico judgedenied Baldwin’s motion to dismissthe involuntary manslaughter indictment. Baldwin’s attorneys had accused prosecutors of misconduct during the grand jury process.
  • July 10: Prosecutors and the defense made their opening statements and testimony began in Baldwin’s involuntary manslaughter trial.
  • July 12: In a stunning move, Judge Mary Marlowe Sommer dismissed the indictment against Baldwin. Baldwin’s attorney had filed a motion to dismiss the case, arguing misconduct by state investigators in not properly disclosing evidence in the case. Sommer agreed the state improperly disclosed evidence to the defense.

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