The trial of Alec Baldwin on manslaughter charges for the shooting death of “Lust” cinematographer Halina Hutchins took a shocking turn on Friday when Judge Mary Marlowe Sommer dismissed the case.
After the jury recessed for the weekend, a special hearing began after lunch, during which not only did special prosecutor Kari Morrissey take the stand as a witness in a rare courtroom move, but Judge Sommer ruled shortly thereafter that the prosecution had in fact withheld evidence from Baldwin’s defense team.
“It’s very rare for a member of Congress to take the stand as a witness in a case, and that ultimately led to her downfall,” said the well-known lawyer. Walzer Melcher and Yodasaid Fox News Digital exclusively.
Judge throws out Alec Baldwin’s manslaughter case in surprising victory for actor
Alec Baldwin’s “Rust” trial could be studied for years to come, according to legal experts. (Getty Images)
“There are going to be mistakes in any prosecution or police investigation and it’s the defence’s job to point them out, but this case was a comedy of errors. From the testing of the guns to the destruction of the guns… emails were submitted at the last minute, ammunition was received under a different case number. I just can’t believe they would do something like that.”
Melcher added, “While this is not a factual decision, it does not reflect any innocence or exoneration on these charges and severely undermines the state’s ability to investigate and prosecute. It is a complete disgrace and waste of New Mexico taxpayers’ money and time.”
“Mistakes are bound to happen in any prosecutorial or police investigation and it is the job of the defense to point them out, but this case was a comedy of errors.”
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The “30 Rock” star buried his face in his hands and broke down in tears as Judge Sommer dismissed the case and ruled that charges cannot be filed against the actor again.
Alec Baldwin cried in court after his manslaughter charge was dismissed. (Pool photo by Ramsey de Gibbe/via Associated Press)
“The state’s deliberate and deliberate concealment of this information was deliberate and premeditated,” Sommer said. “Even if this conduct does not rise to the level of malice, it clearly comes very close to it and shows signs of extreme bias.”
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The judge added that there was “no way for the court to correct this error.”
Defense attorney Luke Nikas accused the state of suppressing evidence that prop dealer Seth Kenney was the supplier of the live ammunition that killed Hutchins.
After Judge Sommer sent the jury home, Morrissey took the stand as a witness himself and tried to explain that he never believed the evidence was exculpatory because no ammunition had left Arizona prior to the “Last” shooting.
Special prosecutor Kali Morrissey volunteered to testify in Alec Baldwin’s “Last” trial. (Ramsay de Gibb/Pool via Reuters)
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Heidi Reavis, Litigation Attorney and Managing Partner Revis Paige Jump LLPsaid the Rust incident will be studied for years to come.
“The countless mistakes that occurred during the ‘Rust’ investigation and trial will be fodder for years to come in law books, law school classes, law enforcement training and defense and prosecution instruction for how cases can be marred by self-destructive errors,” Reavis said.
“The countless errors that occurred during the ‘Lust’ investigation and trial will remain important issues for years to come.”
“This case should never have gone to trial and it’s clear that the prosecutors felt they had to cheat to get the result they wanted,” former federal prosecutor Duncan Levin told Fox News Digital. “What a disgrace. Prosecutors should not cheat. Their job is to serve justice, not obtain a conviction at all costs. This exposes the worst of our system.”
Alec Baldwin listens to testimony at the “Lust” trial. (REUTERS/Ramsey de Gibb/Pool)
Eric Anderson, a former prosecutor and now attorney, Arley, Sullivan, Wright, Geiser & McRae LLP“He didn’t demonstrate discipline as a witness, something that every trial lawyer knows he should have as a witness,” Morrissey said.
He added: “This is a classic case where you need to know when to cut your losses. The defence argued she didn’t need to testify. The judge made it clear he wouldn’t call Morrissey to testify, but she did.”
“Her testimony clearly demonstrated that the prosecution independently determined that the evidence was not relevant to the Gutierrez-Reed case and therefore did not need to be disclosed to the Baldwin team, and instead submitted the evidence shoddily under a different case number.”
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“What a disgrace. Prosecutors cannot be corrupt. Their job is to administer justice, not obtain convictions at all costs. This exposes the worst of our system.”
“This is a classic example of needing to know when to cut your losses.”
Neama Rakhmani, Chairman West Coast Litigation Lawyertold Fox News Digital that Morrissey’s “only chance” was to convince Judge Sommer that exculpatory evidence was inadvertently, not deliberately, concealed.
Judge Mary Marlowe Sommer dismissed the case on Friday, July 12. (Ramsay de Gibb/Pool/AFP via Getty Images)
“Even if it had been inadvertent, Judge Sommer would have sanctioned the prosecution, but would not have dismissed the case,” he said. “She could have given the jury prejudicial instructions that the prosecutors had not done their duty. But when Judge Sommer found the constitutional violations to be willful, she had no choice but to order the ultimate sanction – a complete dismissal of the case.”
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He added, “It was shocking to see the prosecution fall apart so quickly. One of the special prosecutors (Erlinda Johnson) fled before the judge could rule on this. This is one of the most failed prosecutions in American history. It should be taught in schools as an example of how not to bring a lawsuit.”
“From the start, New Mexico officials have been plagued by problems of their own making. The district attorney previously sought unconstitutional severe sentences that would have imposed minimum five-year prison sentences on Baldwin and Gutierrez Reed, and appointed state legislators as special prosecutors, a violation of the separation of powers.”
On the first day of Alec Baldwin’s manslaughter trial in U.S. District Court in Santa Fe, New Mexico, attorney Alex Spiro made his opening statement. (Jim Weber/Santa Fe New Mexican/Pool via Reuters)
“This third and most significant constitutional violation deserves the ultimate sanction — a complete dismissal of the case. The prosecutors concealed evidence from the defense that could have exonerated them. This is a constitutional violation under the Supreme Court’s landmark decision in United States v. Brady and a capital offense for a prosecutor.”
As for “Last” arms maker Hannah Gutierrez Reed, who was convicted of manslaughter in March and is currently serving an 18-month sentence, Lahamani agreed, as did many legal experts, that her conviction “will likely be overturned.”
Alec Baldwin embraces his wife, Hilaria Baldwin, after Judge Sommer dismissed their manslaughter case. (Getty Images)
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“In fact, the discovery violations are worse for her because the evidence suggests it may have been Kenney and PDQ Props, not Gutierrez Reed, who provided the live ammunition,” Rahmani said.
Baldwin could face up to 18 months in prison if convicted of manslaughter. It’s unclear if or when the defense team for “The Last” arms manufacturer Hannah Gutierrez Reed will file a motion to have the conviction vacated.
