Alec Baldwin 'Rust' shooting trial dismissed by judge

Halyna Hutchins (Getty Images)

Matthew Hutchins, the husband of late "Rust" cinematographer Halyna Hutchins, still has plans to hold Alec Baldwin "accountable for his actions" despite the judge dismissing his involuntary manslaughter trial Friday.

"We respect the court’s decision," Hutchins said in a statement provided to Fox News Digital. "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."

Baldwin, and a handful of "Rust" producers, settled a wrongful death lawsuit in October 2022, with terms finalized in March 2023.

Hutchins claimed Rust Movie Productions, LLC, was supposed to make the full payments by June 13, 2023, but as of March 2024, had yet to fulfill obligations under terms of the settlement, according to Variety.

The estate was considering its options, which included resuming the wrongful death lawsuit or filing a new one, the outlet reported.

Judge Mary Marlowe Sommer made the decision to dismiss the case against Baldwin after ruling that the prosecution concealed evidence from his legal team.

Alec Baldwin (Getty Images)

Alec Baldwin became emotional upon hearing his involuntary manslaughter case was dismissed Friday, July 12.

The "Rust" actor, 66, cupped his hands in his face and wept following Judge Mary Marlowe Sommer's decision to dismiss the case after ruling that the prosecution concealed evidence from his legal team.

Moments later, Alec embraced his wife, Hilaria Baldwin, who had been by his side throughout the trial.

"The state's willful withholding of this information was intentional and deliberate," Sommer said. "If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching prejudice."

The judge added: "There is no way for the court to right this wrong."

Baldwin faced up to 18 months in prison if convicted on the involuntary manslaughter charge in the fatal shooting of cinematographer Halyna Hutchins.

A case that is “dismissed with prejudice” is permanently finished. It means that the case has been adversely affected to the point that it cannot be brought back to court later regarding the same issue. 

There are many reasons why a case can be dismissed with prejudice. A common cause is when the evidence presented does not support the claims or if an additional claim is made that was not part of the original complaint. Another circumstance is if the defendant was already found innocent.

This type of dismissal was just witnessed as Judge Mary Marlowe Sommer dismissed the involuntary manslaughter case against Alec Baldwin with prejudice. The reason for her ruling was that the prosecution concealed evidence from Baldwin's legal team.

"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," Sommer said.

With this ruling, additional involuntary manslaughter charges against Alec Baldwin related to the 2021 fatal shooting of Hutchins cannot be filed. The case can no longer be brought back to court.

Although “prejudice” is included within the legal term, it does not mean that there was actual prejudice involved in the case. Prejudice in court indicates whether a judge has made a final decision on that case.

A case can also be “dismissed without prejudice.” If the judge said the case was dismissed without prejudice, the involuntary manslaughter case against Alec Baldwin could be brought back to court. That was not the circumstance and therefore, Baldwin’s case is permanently over. It does not, however, mean that he was found not guilty.

Fox News Digital's Breana Scheckwitz contributed to this report.

Special prosecutor Kari Morrissey told reporters outside the Santa Fe District courthouse Friday that she had "no reason to believe" evidence presented during a special motions hearing was related to the set of "Rust."

Judge Mary Marlowe Sommer dismissed the involuntary manslaughter case against Alec Baldwin after ruling that the prosecution concealed evidence from his legal team.

Morrissey admitted during a brief press conference that while she respected the court's decision, "there is absolutely no evidence that any of that ammunition is related to the incident involving Miss Hutchins."

When asked, "So the judge is wrong?" Morrisey said "No, I said that I respect the court's decision. I think that people can disagree. I'm disappointed, because I believe that ... the importance of the evidence was misconstrued by the defense attorneys. But I have to respect the court."

When asked if Morrissey believed that Baldwin was guilty, Morrissey simply responded, " You know that has never been a decision for me. That has always been a decision for the jury."

Members of the press asked if Morrissey thought she let Halyna Hutchins' family down.

"No. We didn't," she said. "We did everything humanly possible to bring justice to Halyna and to her family. And we're proud of the work that we did. Again, we disagree with the court's decision, but we have to respect it."

Judge Mary Marlowe Sommer (Getty Images)

Judge Mary Marlowe Sommer dismissed Alec Baldwin's involuntary manslaughter trial Friday, July 12.

"Dismissal with trial is warranted," she said.

"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," Sommer said.

"There is no way for this court to right this wrong."

Baldwin was then seen crying in the arms of his wife, Hilaria Baldwin.

Hours earlier, Judge Mary Marlowe Sommer dismissed the jury in Alec Baldwin's "Rust" movie shooting trial until Monday morning at 8:30 am local time.

Sommer heard arguments concerning live rounds that were handed over to law enforcement after the conclusion of "Rust" armorer Hannah Gutierrez Reed's trial.

Baldwin's lawyers claimed the prosecution concealed the live rounds from the defense by labeling the evidence under a different case number. Alex Spiro also noted that the rounds were not sent to the FBI for analysis despite possibly matching rounds in prop distributor Seth Kenney's possession.

Erlinda Johnson (Getty Images)

Erlinda Johnson, the second prosecutor assigned to Alec Baldwin's involuntary manslaughter case, stepped down Friday, July 12.

"Erlinda Johnson, the next prosecutor selected, resigned from the case today," Alex Spiro stated.

"She did," Kari Morrissey said.

"Based in part on the conduct we're here discussing, correct?" Spiro continued.

"My understanding is, is that she didn't agree with the decision to have a public hearing," Morrissey told Spiro, seemingly referring to the motions hearing that is currently underway.

Kari Morrissey (Getty Images)

Special prosecutor Kari Morrissey voluntarily testified Friday, July 12 in Alec Baldwin's involuntary manslaughter trial.

"It was my understanding the court indicated to me previously that you wanted me to testify," Morrissey told the judge. "I understand you've now changed your mind. I think it's a good idea if I do it."

Morrissey stated on the stand that "ammunition that is in the state of Arizona that has never left Arizona did not strike me that it had significant evidentiary value."

She testified about conducting a pretrial interview with Teske on Nov. 6, where he stated he was in possession of live rounds belonging to Thell Reed (Hannah Guttierrez Reed's father), ammunition which had "never left the state of Arizona.)

Hours earlier, Judge Mary Marlowe Sommer dismissed the jury in Alec Baldwin's "Rust" movie shooting trial until Monday morning at 8:30 am local time.

Sommer heard arguments concerning live rounds that were handed over to law enforcement after the conclusion of "Rust" armorer Hannah Gutierrez Reed's trial.

Kari Morrissey during "Rust" trial (Getty Images)

Corporal Alexandria Hancock testified Troy Teske, a former Arizona police officer who was also a friend of Hannah Gutierrez Reed's father, Thell Reed, attempted to drop off ammunition at the courthouse during Gutierrez Reed’s trial.

Teske had already left the courthouse by the time Hancock could leave trial.

Teske then left “some ammunition” at the sheriff’s department, but Hancock’s attempts to contact Teske weren’t returned.

When Morrissey asked why Hancock would need to speak to Teske, she replied, “I need to figure out what to do with this ammunition and how it would potentially be tied to the case. So i can figure out what to do with it after that."

Morrissey questioned if Hancock was aware that the interaction between Teske and the sheriff’s department officials was recorded on a body-worn camera.

“I know now,” Hancock said. “When did you learn that, “ Morrissey asked. 

“Today,” Hancock replied.

Judge Mary Marlowe Sommer dismissed the jury in Alec Baldwin's "Rust" movie shooting trial until Monday morning at 8:30 am local time.

Sommer heard arguments concerning live rounds that were handed over to law enforcement after the conclusion of "Rust" armorer Hannah Gutierrez Reed's trial.

Baldwin's lawyers claimed the prosecution concealed the live rounds from the defense by labeling the evidence under a different case number.

Alex Spiro also noted that the rounds were not sent to the FBI for analysis despite possibly matching rounds in prop distributor Seth Kenney's possession.

Seth Kenney testifies during "Rust" trial (Getty Images)

"Rust" prop supplier Seth Kenney, the owner of PDQ Props, was called to the stand to testify during a special motions hearing Friday, July 12.

Morrissey showed Kenney an image of a text message screenshot conversation between Kenney and former Arizona police officer Troy Teske, who was also a friend of Hannah Gutierrez Reed's father, Thell Reed. The images showed rounds of ammunition.

Kenney confirmed that the rounds of ammunition had previously come from the set of "1883" in Texas.

When asked if that ammo was brought to the “Rust” scene at Bonanza Creek Ranch, Kenney said "definitely not."

"Have you learned a few things about the evidence in the case and the live rounds that were found on rest since November 1st of 2021?," Morrissey asked Kenney, to which he responded, "Yes."

Morrissey pressed, "Do you still believe these are evidence in the accidental death?" to which Kenney responded, "definitely not."

"I have never spent more time with a single box of dummy rounds than the rounds that came from '1883,' the dummy rounds that went to 'Rust,'" Kenney said. "So there was never a question in my mind that I provided the live ammunition to 'Rust.'"

Hours earlier, Judge Mary Marlowe Sommer dismissed the jury in Alec Baldwin's "Rust" movie shooting trial until Monday morning at 8:30 am local time.

Sommer heard arguments concerning live rounds that were handed over to law enforcement after the conclusion of "Rust" armorer Hannah Gutierrez Reed's trial.

Baldwin's lawyers claimed the prosecution concealed the live rounds from the defense by labeling the evidence under a different case number. Alex Spiro also noted that the rounds were not sent to the FBI for analysis despite possibly matching rounds in prop distributor Seth Kenney's possession.

Alec Baldwin speaks with his wife Hilaria Baldwin during his trial on involuntary manslaughter on July 12. (RAMSAY DE GIVE/Pool via REUTERS)

Alec Baldwin's legal team filed three previous motions to dismiss the actor's involuntary manslaughter charge.

In his first motion to dismiss, Baldwin's team accused the prosecution of acting unethically and failing to present crucial evidence to a grand jury in a motion to dismiss the indictment, obtained by Fox News Digital.

"Enough is enough," the court documents, filed in March, stated. "This is an abuse of the system, and an abuse of an innocent person whose rights have been trampled to the extreme."

In May, the defense filed a motion to dismiss the indictment for failure to allege a criminal offense and an additional motion to dismiss the indictment with prejudice based on the state's destruction of evidence.

Baldwin's lawyers argued it was impossible for the actor to know a live round had been introduced to the movie set, therefore he couldn't have committed involuntary manslaughter.

"With no awareness that the firearm might contain live rounds, Baldwin had no reason to believe — zero — that his manipulation of the firearms could lead to death, let alone a belief that his alleged actions posed a substantial risk to Hutchins."

Baldwin's lawyers also brought up the destroyed firearm. The Pietta 45 Colt revolver replica was destroyed during testing conducted by the FBI at the request of the prosecution. The "intentional" destruction of the gun by the prosecution keeps Baldwin from having a fair trial, according to the court docs.

All three motions to dismiss were denied by Judge Mary Marlowe Sommer.

A smiling Alec Baldwin leaves court for a lunch break. (Ramsay de Give-Pool/Getty Images)

Alec Baldwin was seen smiling as he left the courtroom for lunch amid day three of legal back-and-forth.

The actor's legal team argued for a dismissal of the "Rust" movie set shooting trial in a special motions hearing Friday, July 12. The hearing, which was intended to last around 45 minutes, will now likely take up the entire day after the jury was recessed by Judge Mary Marlowe Sommer.

Baldwin held hands with his sister Beth Keuchler at one point and was seen smiling as he exited the courtroom for the daily lunch break.

Keuchler has attended each day of the trial after missing the day of jury selection.

Baldwin could be sentenced to 18 months in prison if convicted of involuntary manslaughter. The actor was hit with the criminal charge in January 2024, nearly three years after the fatal shooting of cinematographer Halyna Hutchins.

Fox News Digital's Rebecca Rosenberg contributed to this report.

Special prosecutor Kari Morrissey during a hearing on July 12. (RAMSAY DE GIVE/Pool via REUTERS)

Special prosecutor Kari Morrissey and Alec Baldwin's lawyer battled it out in court Friday, July 12 over new evidence in the "Rust" case.

After the jury was recessed by Judge Mary Marlowe Sommer so a motions hearing could continue, the courtroom was released for lunch.

"Is this a serious threat to your case?" Fox News' Jonathan Hunt asked Morrissey.

"I wouldn’t even know what to say yet," the special prosecutor replied.

Morrissey spoke to press about her confidence in the case outside the courthouse following jury selection on Tuesday, July 9.

"I don't think it's appropriate for me to comment on that right now," she told Fox News. "We're pretty early in the process."

Morrissey later added: "We're just here to present our evidence and we are going to do that. We're going to respect whatever decision the jury makes. This is an important process and I trust and believe in the jury system."

Alec Baldwin and Hilaria Baldwin embrace during court. (Courtesy: New Mexico Courts)

Alec Baldwin and his wife, Hilaria, shared an intimate moment after the court heard tense arguments over new evidence entered in the "Rust" trial.

Judge Mary Marlowe Sommer sent the jury home Friday, July 12 without hearing any testimony for the trial due to a special motions hearing where the defense argued the case should be dismissed.

Shortly after the jury was recessed, Baldwin appeared to whisper in Hilaria's ear while the couple embraced.

The jury will return Monday, July 15 to continue hearing testimony from the prosecution's witnesses.

Baldwin's legal team and the special prosecutors will continue the hearing on the latest motion to dismiss the involuntary manslaughter charge Friday. Alex Spiro, the actor's lawyer, has accused the prosecution of concealing evidence from the defense.

Alec Baldwin announced his family would be the subject of an upcoming reality TV show shortly before his involuntary manslaughter trial began.

The "Rust" star has been criticized for the move, which was labeled by one expert as a "terrible PR blunder."

"When you’re on trial for something like this it has to be your sole focus," defense attorney Timothy Parlatore told Fox News Digital. "This trial will be over in less than two weeks. There is no need to go and do these things before a trial in a way that can negatively impact you."

Baldwin's wife, Hilaira, has also been criticized for bringing one of their seven children to court before seemingly handing the child off to a nanny in front of the throng of press cameras.

"It appears to me to be a very cynical, calculated public relations move to possibly have an impact on the jury or the jury pool, to try to get sympathy for Alec Baldwin, and that’s why he not only brought his baby, but allowed his baby to be taken from the car and photographed," Gloria Allred, the attorney for cinematographer Halyna Hutchins' family, said.

Fox News Digital's Rebecca Rosenberg contributed to this report.

Evidence is displayed on a monitor as Judge Mary Marlowe Sommer presides over a motions hearing. (Ramsay de Give-Pool/Getty Images)

Judge Mary Marlowe Sommer recessed the jury in Alec Baldwin's "Rust" movie shooting trial until Monday morning at 8:30 am local time.

The judge chose to send the jury home in order to continue the special motions hearing that began around 9 am local time Friday, July 12. Judge Sommer heard arguments concerning live rounds that were handed over to law enforcement after the conclusion of "Rust" armorer Hannah Gutierrez Reed's trial.

Baldwin's lawyers claimed the prosecution concealed the live rounds from the defense by labeling the evidence under a different case number. Alex Spiro also noted that the rounds were not sent to the FBI for analysis despite possibly matching rounds in prop distributor Seth Kenney's possession.

Special prosecutor Kari Morrissey argued the rounds were not considered "exculpatory evidence."

While the trial is paused for the day, Judge Sommer will hear from lead "Rust" detective Cpl. Alexandria Hancock along with Kenney and Gutierrez Reed's lawyer Jason Bowles about the new evidence.

Special prosecutor Kari Morrissey and Alec Baldwin's lawyer Alex Spiro during a motions hearing. (Courtesy: New Mexico Courts)

Alec Baldwin's lawyer Alex Spiro claimed the live ammunition that was turned over to law enforcement after the conclusion of "Rust" armorer Hannah Gutierrez Reed's trial was never sent to the FBI for analysis.

New evidence was given to the Santa Fe County Sheriff's Department by Troy Teske, a family friend of "Rust" armorer Hannah Gutierrez Reed. Baldwin's lawyer claimed the new evidence supported the theory that prop distributor Seth Kenney brought live ammunition onto the "Rust" set in 2021.

"[Teske] turned in multiple 45 rounds, including rounds that matched with rounds that struck Mrs. Hutchins, right?" Spiro questioned crime scene technician Marissa Poppell.

"Again, I wouldn't use the word match without further analysis," she explained.

"And the reason that we don't have further analysis is you all didn't send this to the FBI for further analysis, did you?" the lawyer questioned.

"We did not."

"Right. Because if you had, it would have potentially proven the fact that all along this ammunition did come from Seth Kenney," Spiro noted. "Isn't that true?"

Poppell explained she was told the ammunition had originated from Joe Swanson and then was passed to Kenney.

Judge Mary Marlowe Sommer listens during a special motions hearing on July 12. (Ramsay de Give-Pool/Getty Images)

Luke Nikas accused the prosecution of concealing evidence from Alec Baldwin's legal team in the "Rust" movie shooting trial that "would be favorable" to the actor.

Nikas argued for dismissal, claiming the state withheld evidence that prop distributor Seth Kenney was the source of the live ammunition. Crime scene technician Marissa Poppell testified during cross-examination Thursday that a "good Samaritan" handed over live ammunition after the conclusion of "Rust" armorer Hannah Gutierrez Reed's trial to Santa Fe County Sheriff's Department.

The "good Samaritan" was Troy Teske, a family friend of Gutierrez Reed's father.

Baldwin's lawyers argued this information was not given to the defense or to Gutierrez Reed's defense.

Special prosecutor Kari Morrissey told the judge this is "a wild goose chase" and that the live ammunition turned over after the trial's conclusion had no evidentiary value. Morrissey argued the new ammo turned over after the completion of trial came from the same place as the ammo Gutierrez Reed claimed she pulled the live ammo from.

"None of this is exculpatory at all," Morrissey later added. "This is the exact same batch of ammunition that has already been sent to the FBI and tested. Because it all came from the same place. There's no reason for us to do it again."

Judge Mary Marlowe Sommer ordered the state to produce the supplemental report and the rounds that Marissa Poppell took from Teske.

The judge changed her mind and asked to hear testimony from the crime scene technician on how she retrieved the live rounds from Teske.

Alex Spiro arrives at court July 12. (RAMSAY DE GIVE/AFP via Getty Images)

Alec Baldwin's attorney began the special motions hearing Friday by bringing up a side issue.

Alex Spiro accused special prosecutor Kari Morrissey of misconduct in the courtroom during the "Rust" movie set shooting trial.

"I got [an email] last night that indicated that the cameras are catching Kari Morrissey signaling witnesses while they're on the witness stand," Spiro told Judge Mary Marlowe Sommer.

The New York-based attorney claimed he is having the photo printed to turn into the court.

"I was sent a photograph that concerned me. And, I felt obligated and like I said to the court, I try to not make these issues," he explained before noting, "This is a high pressure case."

"I can't just continue to give the benefit of the doubt on every single thing that's occurred in this case, I just can't," Spiro continued. "And so, I'll be turning that into the court."

Baldwin's legal team previously argued the prosecution acted unethically and failed to present crucial evidence to a grand jury in their original motion to dismiss the indictment, obtained by Fox News Digital. "Enough is enough," the court documents stated. "This is an abuse of the system, and an abuse of an innocent person whose rights have been trampled to the extreme."

The motion was denied by Judge Sommer.

An image of the live round found in the gun belt Alec Baldwin wore on the "Rust" set. (Courtesy: New Mexico Courts)

Alec Baldwin was holding a Pietta 45 Colt revolver during the fatal shooting of cinematographer Halyan Hutchins on Oct. 21, 2021.

The gun's manufacturer, Alessandro Pietta, testified in court Thursday, contradicting Baldwin's claim that he did not pull the trigger of the gun.

“If you want to release the hammer you have to pull the trigger,” he told the jury.

Pietta also testified that only five rounds should have been loaded into the replica revolver so the firing pin did not rest on a round.

Crime scene technician Marissa Poppell testified five live rounds were found in different places on the "Rust" film set when searched by investigators. The bullets were found on the prop cart, mixed in a box of dummy ammunition, and in two prop gun holsters.

The third day of Alec Baldwin's "Rust" movie shooting trial will begin a little later as a special motions hearing will take place around 8:45 am local time.

The jury was instructed to return to court at 9:30 am instead of the typical 8:30 am.

Judge Mary Marlowe Sommer will hear arguments concerning evidence about ammunition provided to the Santa Fe County Sheriff's investigators by an individual after the trial of the movie set’s armorer, Hannah Gutierrez Reed.

The armorer was sentenced to 18 months in prison after a jury found her guilty of involuntary manslaughter in March.

The prosecution argued that Gutierrez Reed unknowingly brought live ammo onto the "Rust" set and then failed to identify the live rounds due to lack of safety.

Gutierrez Reed plans to appeal her conviction.

Alec Baldwin arrived to the courthouse around 8 am local time for the third day of witness testimony.

The actor didn't speak to media as he entered the courthouse. He was accompanied by his wife, Hilaria, and his attorneys, Luke Nikas and Alex Spiro.

The juror panel of 16, including four alternates, heard testimony from crime scene technician Marissa Poppell and lead "Rust" detective Cpl. Alexandria Hancock. Both testified about the testing done on the gun Baldwin held during the fatal shooting and the type of live ammunition found on the Western film set.

The jurors also heard from Italian gunmaker Alessandro Pietta, who created the vintage gun used by Baldwin.

Baldwin claims he did not pull the trigger of the gun on Oct. 21, 2021. However, Pietta testified this was not possible.

"If you want to release the hammer you have to pull the trigger," he told the jury.

Alec Baldwin's female-heavy jury at his involuntary manslaughter trial – featuring 11 women and five men – could both help and hurt the embattled actor, experts told Fox News Digital.

Baldwin seems to have put the focus on his family throughout the trial. The actor appeared at jury selection alongside his wife, Hilaria, and one of their seven children. Baldwin's brother, Stephen Baldwin, has also attended each day of the "Rust" movie shooting trial. Baldwin also shares Ireland Baldwin with ex-wife Kim Basinger.

"The defense may try to use to their advantage the fact that he has eight children, seven with Hilaria and a grandchild," he said. "Females may be sympathetic to a father and grandfather along with his fame."

However, a female-heavy jury could find Baldwin's attorney's personality abrasive.

"Sometimes being too aggressive on cross can backfire more with a female-heavy jury," attorney Elizabeth Bunker told Fox News Digital. "It could go either way."

Fox News Digital's Rebecca Rosenberg contributed to this report.