Albuquerque Attorney 'Would Love' To Help Alec Baldwin Sue 'Rust' Prosecutor

One attorney would love to help actor Alec Baldwin sue the Santa Fe police department and special prosecutor Kari Morrissey over his highly publicized "Rust" trial.

The 66-year-old actor was charged with involuntary manslaughter in connection with the October 2021 death of cinematographer Halyna Hutchins on the set of the Western film.

However, on day three of the trial, Judge Mary Marlowe Sommer dismissed the trial with prejudice after she decided that law enforcement officials and the prosecution violated the Brady rule by failing to turn over evidence related to the "Rust" case to the defense.

Alec Baldwin's "Rust" trial was dismissed with prejudice, which means he can no longer be held criminally responsible for the death of Halyna Hutchins, although he is still involved in multiple civil lawsuits regarding her death.

However, it is possible that the "30 Rock" actor might file a civil rights lawsuit himself against the Santa Fe County Sheriff's Office after a crime scene technician testified that they had cataloged ammunition under a different case number and did not turn it over to the defense.

On day three of the trial, the jury was dismissed as Judge Mary Marlowe Sommer listened to testimony from several police officers. She even let special prosecutor Kari Morrissey testify under oath to get to the bottom of the matter. In the end, Judge Sommer found the state was “highly culpable” for failing to disclose evidence to Baldwin's legal team.

According to Variety, it is possible that Baldwin could sue the police department under the New Mexico Civil Rights Act, the State Tort Claims Act, or the Federal Civil Rights Act of 1871. Taylor Smith, an attorney based in Albuquerque, said, "This is open and shut in my mind,” adding,  “I would love to take this case.”

Alec Baldwin's attorney Alex Spiro seems prepared to take the Santa Fe County Sheriff's Office and special prosecutor Kari Morrissey back to court. As per Variety, Spiro sent letters to Santa Fe County Sheriff Adan Mendoza and special prosecutor Kari Morrissey on Monday, advising them to preserve evidence in light of “the potential for future litigation based on your actions in connection with Mr. Baldwin’s prosecution.”

Although prosecutors are usually protected from lawsuits, they can face disciplinary complaints where misconduct is found. Police departments can be sued for civil rights violations and in instances where negligence is found.

Several lawyers and legal experts have weighed in on the "Rust" trial. John Day, a Santa Fe lawyer and legal commentator, told Variety, “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."

Richard Rosenstock, a veteran civil rights lawyer in Santa Fe, said, "You’re going to have to show that the violation made a difference,” adding, “You’ve got the burden of proof as the plaintiff.”

If Alec Baldwin plans to sue the Santa Fe County Sheriff's Office and special prosecutor Kari Morrissey, his legal team will have to prove that one or both parties were negligent or reckless. He may also have to prove that his right to due process was denied through their conduct.

The "Supercell" actor would also have to prove that their level of misconduct warranted damages. He could argue that he is entitled to reimbursement for his legal costs or claim damages due to the damage to his reputation and career. Under the New Mexico Civil Rights Act, damages may not exceed two million dollars.

According to the preservation letters sent by Spiro, special prosecutor Kari Morrissey and the Santa Fe Police Office have been asked to preserve “all relevant information in your possession, custody, and/or control,” including “devices, hard drives, emails, text messages, and other electronic communications.”

Last fall, special prosecutor Kari Morrissey indicated that Baldwin had been planning to file a "frivolous lawsuit" against the state of New Mexico and former "Rust" prosecutors for leading to criminal charges against him. At the time of this writing, Baldwin has yet to file a civil lawsuit against the police department of special prosecutors.