Alec Baldwin could face a retrial in the death of “Lust” cinematographer Halina Hutchins, after prosecutors allege the actor's lawyers rigged a court last month to convince them to drop a manslaughter charge against him.
Special prosecutor Kari Morrissey filed a motion to reconsider dismissal of the manslaughter case because she wants to continue pursuing charges against the “30 Rock” star that were dismissed last month by state District Judge Mary Marlowe Sommer for alleged bias.
In court documents, Morrissey argues there was no “concealment” of key evidence as prosecutors allege, and that Baldwin's lawyers engaged in legal maneuvering to get the case dismissed under false pretenses.
“This was a smokescreen set up by the defense, designed to confuse and confuse the court … and it was successful,” Morrissey said. Motion of August 30.
The 52-page court document alleges that Baldwin's defense knew about the existence of live ammunition, or “Teske bullets,” but actually did not know, and successfully feigned ignorance as a legal argument to have the case dismissed.
The three live rounds in question were delivered to the Santa Fe County Sheriff's Department several months before the trial by former officer Troy Teske, a friend of “Last” gunsmith Hannah Gutierrez's father.
A CSU technician for the sheriff's office later testified that the bullets were taken and stored, but were not used as evidence in the case because they were filed under a different case number, which Baldwin's lawyers argued amounted to concealing important evidence from them.
The motion argues that the defense was denied the opportunity to even see the bullets before trial, even though it had the opportunity to cross-examine witnesses about the evidence.
In a wide-ranging and emotional court battle in mid-July, Baldwin's lead attorneys, Alex Spiro and Luke Nikas, argued prejudice over “concealed” live rounds in connection with the 2021 Hutchins shooting.
The allegations led to a lengthy hearing in which Judge Sommer heard testimony from several witnesses, including Morrissey, who maintained that the ammunition was unrelated to Baldwin's murder and had not been hidden from the defense.
Judge Sommer dismissed the case “without prejudice” midway through Baldwin's trial, citing police and prosecutors' destruction of evidence, meaning the case cannot be refiled after all appeals have been exhausted.
She cited “serious discovery violations amounting to misconduct” by law enforcement and prosecutors, as well as false testimony by witnesses about physical evidence presented during the trial.
The shock verdict came on the third day of his manslaughter trial. Baldwin, who is currently filming a reality show focusing on his family with his wife Hilaria Baldwin, could face up to 18 months in prison if convicted.
Baldwin was accused of firing a gun that killed cinematographer Hutchins on set in October 2021.
According to the incident report, Baldwin allegedly grabbed a gun, not knowing it was loaded with live ammunition, and police say he pointed the gun at Hutchins and fired one shot, killing the 42-year-old mother.
The Santa Fe County Sheriff's Office said in an affidavit after the shooting that neither Baldwin nor First Deputy David Holes knew the gun was loaded.
Halls later pleaded guilty to negligent use of a deadly weapon and received six months' probation.
Hannah Gutierrez Reed, a gunsmith on set, was convicted of manslaughter in March and sentenced to 18 months in prison. Her legal team is currently appealing the conviction.
The movie is expected to resume filming in 2023 after the deadly shooting and be released in 2024, but could be delayed until next year.
