Actor Alec Baldwin is exploring the possibility of filing a civil rights lawsuit against the Santa Fe County Sheriff’s Office following the dismissal of his manslaughter case due to withheld evidence. Judge Mary Marlowe Sommer recently ruled that the state was “highly culpable” for failing to disclose crucial bullets to Baldwin’s defense team.
“This is open and shut in my mind,” remarked Taylor Smith, an Albuquerque-based attorney known for litigating against police agencies in New Mexico. “I would love to take this case.”
Baldwin, who was facing charges related to the shooting death of cinematographer Halyna Hutchins on the set of the film “Rust,” could potentially sue under several legal avenues, including the New Mexico Civil Rights Act, the state Tort Claims Act, or the federal Civil Rights Act of 1871.
In response to the judge’s dismissal of the case, Baldwin’s lawyer, Alex Spiro, sent preservation letters to Santa Fe County Sheriff Adan Mendoza and special prosecutor Kari Morrissey on Monday. These letters advised them to safeguard evidence in anticipation of future litigation stemming from their handling of Baldwin’s prosecution. Rolling Stone first reported on these preservation letters on Wednesday.
During the trial, it was revealed in a dramatic courtroom scene that a Sheriff’s crime scene investigator had received a batch of bullets relevant to the case on March 6. These bullets were then logged under a new case number, effectively keeping them out of reach of the defense.
“Two other Sheriff’s employees and Morrissey participated in discussions about the handling of this evidence,” testified witnesses. Morrissey herself testified that she was unaware the evidence had not been turned over to Baldwin’s defense team.
Judge Marlowe Sommer determined that the state had violated the principles outlined in Brady v. Maryland, which require prosecutors to disclose exculpatory evidence to the defense. Consequently, she dismissed the case “with prejudice,” indicating it cannot be refiled.
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While prosecutors typically have immunity from lawsuits, law enforcement agencies can be sued for civil rights violations and negligent acts. “There’s a number of different tracks if they want to fight back and it wouldn’t surprise me if they pursue all of them,” commented John Day, a Santa Fe lawyer and legal commentator.
In pursuing a civil case, Baldwin’s attorneys would need to convince a jury that the withheld evidence could have materially affected the outcome of the trial. “You’re going to have to show that the violation made a difference,” explained Richard Rosenstock, a veteran civil rights lawyer in Santa Fe. “You’ve got the burden of proof as the plaintiff.”
To succeed in a civil rights lawsuit, Baldwin would need to demonstrate that the investigators’ conduct was negligent or reckless, or that his due process rights were violated. Additionally, he would have to prove damages, such as increased legal expenses or harm to his career resulting from the misconduct. Under the New Mexico Civil Rights Act, damages are capped at $2 million.
The preservation letters, reviewed by Variety, instruct Morrissey and Mendoza to retain all pertinent information, including electronic communications, devices, and documents in their possession.
Morrissey had previously stated that she became aware last fall of Baldwin’s alleged intent to file a “frivolous lawsuit” against the state and former prosecutors involved in the ‘Rust’ case. She withdrew a misdemeanor plea offer in October after learning that Baldwin was cooperating with a documentary on the incident and was reportedly pressuring witnesses to participate.
