On Monday, special prosecutor Kari Morrissey announced she has withdrawn her appeal of a judge’s order dismissing the case.
The decision came after the state attorney general’s office said that it “did not intend to exhaustively pursue the appeal on behalf of the prosecution,” the prosecutor said.
Baldwin was accused of involuntary manslaughter in the October 2021 death of cinematographer Halyna Hutchins. At a trial last July, the prosecution intended to show that Baldwin was reckless and criminally negligent when he fired a Colt .45 while preparing for a scene in the movie “Rust.”
But Judge Mary Marlowe Sommer dismissed the case on the third day of the trial, after learning that the prosecution had failed to turn over key evidence — a cache of bullets — to the defense. The judge blasted Morrissey’s handling of the case, calling it “so near to bad faith as to show signs of scorching.”
Baldwin’s lawyers argued that the prosecution had deliberately withheld the evidence, which could have been used in his defense.
Morrissey argued that the judge had been misled by the defense, and that the bullets were irrelevant to the case. She filed a notice of appeal last month. But the New Mexico attorney general’s office would have had to pursue the case at the Court of Appeals.
Because the attorney general was not inclined to aggressively push the state’s argument, the prosecutor’s office said its efforts to prosecute Baldwin “have been met with multiple barriers that have compromised its ability to prosecute to the fullest extent of the law.”
Baldwin’s lawyers, Alex Spiro and Luke Nikas, had said earlier that they did not believe Attorney General Raúl Torrez would pursue the appeal. They hailed the decision to withdraw it.
“Today’s decision to dismiss the appeal is the final vindication of what Alec Baldwin and his attorneys have said from the beginning — this was an unspeakable tragedy but Alec Baldwin committed no crime,” they said. “The rule of law remains intact in New Mexico.”
Hutchins’ mother, father, and sister, who all live in Ukraine, were consulted prior to the withdrawal of the appeal, and expressed their opposition, the prosecutor’s office said.
The family is continuing to pursue a civil case against Baldwin and the film’s producers in state court in New Mexico.
“This has always been about seeking justice for Halyna Hutchins,” Morrissey said in a statement. “We regret that Mr. Baldwin will not be held accountable for the role he played in the death of Halyna Hutchins and as we withdraw the appeal, we do so with the hope that the outstanding lawsuits bring some measure of justice to the family of Halyna Hutchins.”
Mary Carmack-Altwies, the elected district attorney in Santa Fe, commended Morrissey for her handling of the case.
Morrissey obtained a guilty verdict against Hannah Gutierrez Reed, the film armorer who loaded a live bullet into Baldwin’s gun. Gutierrez Reed is currently serving an 18-month sentence for involuntary manslaughter in the case.
“The dismissal of criminal charges against Baldwin has sparked debate about the legal process and accountability in the Rust incident in which a talented cinematographer lost her life, and director Joel Souza was injured,” Carmack-Altwies said in a statement. “Halyna’s tragic death has prompted industry-wide scrutiny, specifically in New Mexico, of safety protocols, especially the use of firearms and live ammunition on set. Halyna’s family set up the Halyna Hutchins Foundation to advocate for safer practices in the industry, promoting safety education and honoring her legacy as a talented filmmaker.”
Carmack-Altwies continued: “Despite its disagreement with the Court’s decision, the FJDA remains steadfast in its mission to uphold justice. There is still much work to be done in criminal court, and our office will continue to diligently prosecute cases with integrity, fairness, and commitment to the rule of law.”
