Judge in Alec Baldwin’s Rust Trial Declines to Reconsider Her Decision to Dismiss the Case

Special prosecutor Kari T. Morrissey filed a motion asking the court to revive the involuntary manslaughter case against Baldwin on Aug. 30

Alec Baldwin (left) and Judge Mary Marlowe Sommer (right).
Alec Baldwin (left) and Judge Mary Marlowe Sommer (right). Photo:

Ross D. Franklin - Pool/Getty

The judge in Alec Baldwin’s Rust trial has declined to reconsider her decision to dismiss the involuntary manslaughter case against the actor, according to court documents obtained by PEOPLE.

On Thursday, Oct. 24, Judge Mary Marlowe Sommer, who dismissed the case with prejudice on the third day of Baldwin’s trial in July, wrote a new ruling rebuking special prosecutor Kari T. Morrissey for raising "arguments previously made" in court and new arguments that prosecutors "elected not to raise earlier" in the motion.

The judge also wrote that Morrissey's "permissible time period for initiating an appeal ended on Aug. 30, 2024."

"Considering the arguments of the State set forth in the Amended Motion and Reply, the Court concludes that the State does not raise any factual or legal arguments that would justify the grant of a motion to reconsider. Therefore, the Amended Motion is not well taken and should be denied," the judge wrote. 

Alec Baldwin in court on July 10.
Alec Baldwin in court on July 10.

Ross D. Franklin - Pool/Getty

Baldwin was holding a gun on the New Mexico set of the Western movie in 2021 when it discharged, killing cinematographer Halyna Hutchins and injuring director Joel Souza. Though he claimed he did not pull the trigger or know why the gun accidentally contained live ammunition, a grand jury indicted him in January.

During the trial, the defense argued that the prosecution, including Morrissey, had buried evidence that was relevant: In the spring, a man named Troy Teske — a friend of Thell Reed, the father of Rust armorer Hannah Gutierrez-Reed, who was found guilty of involuntary manslaughter in March — had turned over ammunition to authorities he thought was connected to the case. 

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But the bullets — which Baldwin’s lawyers argued could have helped explain how live ammunition made it on to the set — was filed separately from other Rust evidence and never turned over to the defense.

Baldwin’s lawyers asked Sommer to dismiss the case, and she complied. “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,” she said in court on July 12, prompting Baldwin to break down in tears.

Kari T. Morrissey in court on July 12.
Kari T. Morrissey in court on July 12.

RAMSAY DE GIVE/POOL/AFP via Getty

Seven weeks later, Morrissey asked Sommer to reevaluate her decision, writing, “the State asserts that there were insufficient facts to support the Court’s ruling and there was no violation of the Defendant’s due process rights.”

Baldwin’s lawyers wrote a scathing response Sept. 20, accusing Morrissey of “abuse of the judicial process.”

"She repeatedly violated the State's disclosure obligations, buried evidence, lied about it at trial, and then lied about her reasons for lying about it," Baldwin's legal team claimed in their response. 

"Not only has the State failed to present any new information to warrant reconsideration, but the new information that has emerged since trial only underscores the strength and necessity of the Court's judgment,” they continued.

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