Prosecutors to refile lengthy motion to reopen Alec Baldwin ‘Rust’ case

Prosecutors are set to refile a motion to reopen the manslaughter case against Alec Baldwin for the fatal shooting on the set of “Rust” because the original case was too long.

New Mexico Judge Mary Marlowe Sommer previously dismissed the case against the actor at trial after finding that the state withheld ammunition evidence from the defense.

Last week, prosecutors filed a 52-page motion asking the judge to reconsider his dismissal decision, arguing that there were “insufficient facts” to justify the decision and that Baldwin’s due process rights were not violated. The same day, they filed a motion seeking to extend the 10-page limit on motions.

Marlowe Sommer denied the motion to exceed the limit, writing in his order issued Thursday that the state had not obtained prior permission to file a motion exceeding the 10-page limit.

“Given the procedural position of the case, the Court must apply the local rule to regulate the role of the Court and promote judicial efficiency,” wrote Marlow Sommer.

The decision requires prosecutors to file a new motion that meets the 10-page requirement, a court spokesman said. The judge did not rule on the underlying request for reconsideration of the dismissal.

Marlowe Sommer granted the defense’s motion to dismiss the case without prejudice on the third day of the July trial. Baldwin’s attorneys had argued that live ammunition that fell into the hands of local law enforcement in the investigation of the fatal shooting on the set was “concealed” from them.

The judge told the court on July 12, when he released his decision, that the state’s violation of discovery rules regarding the late disclosure of a supplemental report on ammunition evidence “caused unnecessary delay in the proceedings,” amounted to “bad faith” and was “highly prejudicial to the defendant.”

Baldwin was indicted by a grand jury earlier this year on involuntary manslaughter charges in the death of “Rust” cinematographer Halyna Hutchins, months after prosecutors initially dropped the case amid the investigation.

Hutchins was fatally shot by the actor on the set of the western in Santa Fe in October 2021 when his revolver fired a live round.

Hannah Gutierrez, a Rust gunsmith, was convicted of involuntary manslaughter in connection with Hutchins’ death in March. Prosecutors argued at trial that the gunsmith was the source of the live round that killed her and that she failed to follow safety protocols meant to protect the crew when handling firearms.

Gutierrez is currently serving an 18-month prison sentence, the maximum sentence for the offense.

Following the dismissal of Baldwin’s case, his attorneys filed an expedited motion for a new trial or dismissal of his case based on what they call “serious and continuing violations of the state’s discovery rules.”

A hearing on the motion is scheduled for September 26.

Editor’s Note: This article has been updated to reflect that prosecutors must resubmit a new motion to the court to reopen the manslaughter case against Alec Baldwin; that motion must fit within the court’s 10-page limit on motions. An earlier version of the article incorrectly stated that a judge had ruled against the prosecutor’s motion to reopen.