Alec Baldwin’s defense team has made a surprise motion to dismiss his manslaughter case, alleging that the prosecution withheld crucial evidence — a batch of bullets — that could exonerate him in the fatal shooting on the set of “Rust.”
In a dramatic turn on Friday morning, Judge Mary Marlowe Sommer, wearing blue gloves, personally examined an envelope containing the bullets, which were laid out on a table. Prosecutor Kari Morrissey had previously claimed that these bullets did not match the fatal round. However, some of them were identified as Starline Brass rounds with silver primers, consistent with the live ammunition found on the movie set.
The judge then adjourned proceedings for the weekend to allow for further exploration of the defense motion.
“This is over and over and over again,” attorney Luke Nikas argued. “This is not the first time. This is not the second time. It’s not the third time. It’s time for this case to be dismissed.”
Baldwin is facing charges related to the accidental shooting of cinematographer Halyna Hutchins during the filming of “Rust” at the Bonanza Creek Ranch in 2021. Baldwin has maintained that he was unaware the gun contained a live round.
The emergence of the bullets in question came after Troy Teske, a former police officer, handed them over to the Santa Fe County Sheriff’s Office in March, suggesting they matched the fatal round.
Defense attorney Alex Spiro had previously challenged the handling of evidence, accusing detectives of withholding crucial information. The defense filed a motion seeking dismissal of the case on grounds of prosecutorial misconduct.
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During Friday’s hearing, prosecutor Kari Morrissey argued that the bullets from Teske did not match the evidence and were therefore irrelevant.
Marlowe Sommer intervened by requesting to inspect the bullets firsthand. Upon examination, crime scene technician Marissa Poppell identified various types of bullets, including Colt and Winchester rounds, as well as Starline Brass rounds bearing a distinctive logo.
Spiro contended that the defense was denied the opportunity to independently analyze the bullets.
Morrissey, although admitting she had not previously seen the bullets, argued that if they do match the fatal bullet, it would support the prosecution’s theory that armorer Hannah Gutierrez Reed brought live ammunition to the set.
Marlowe Sommer did not immediately rule on the dismissal motion, signaling she would hear additional testimony. The judge considered options such as instructing the jury to consider the prosecution’s handling of evidence or delaying proceedings to allow for further examination, but Nikas argued against these measures, citing potential prejudice.
The trial, which has garnered significant attention, continues to unfold amid intense scrutiny over the handling of evidence and procedural fairness.
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