'Rust' Judge Refuses To Reopen Alec Baldwin Case Because Prosecutor's Filing Was Too Long

Judge Mary Marlowe Sommer, who presided over the state's "Rust" case against Alec Baldwin is shutting the book on possible charges against the actor.

In July 2024, the judge dismissed the trial in its entirety on only the third day of witness testimony after a witness accidentally let slip that they had worked with the prosecution to put evidence under a different case number and not disclose it to Baldwin's legal team.

Special prosecutor Kari Morrissey submitted a motion to the judge to try to get the trial going again, but fortunately for the "30 Rock" actor, the judge declined to give the matter more consideration, insisting that the prosecutor's filing was too long!

Earlier this week, a court filing by special prosecutor Kari Morrisey was made public, revealing that she was trying to get the judge to reinstate the involuntary manslaughter charge against Alec Baldwin. The judge had decided to dismiss the case when the court learned that the prosecutor had violated the Brady rule by working with law enforcement officials to bury evidence.

The case was dismissed with prejudice, meaning that Baldwin could not face another round of criminal charges. The case had already been dropped against him in April 2023 pending further investigation into the gun used in the shooting. The charges were reinstated in January 2024, to which Alec Baldwin had pleaded not guilty. He was facing 18 months behind bars for his role in the 2021 shooting.

On September 5, Judge Sommer published a denial ruling, shooting down Morrissey’s attempts to bring charges against Baldwin for a third time. According to Deadline, the prosecutor’s 52-page filing was 42 pages over the limit, which should have been only 10 pages long.

“Given the procedural posture of the case, the court must enforce the local rule to regulate the court’s docket and promote judicial efficiency,” Judge Sommer wrote in her denial ruling, adding, “A winning argument can fit within the limitations of the rule.”

Morrissey could have written more than the 10-page limit if she had received permission to do so, but judging by the judge’s response, she did not.

Although Alec Baldwin is not being held criminally responsible for the death of cinematographer Halyna Hutchins, he is still facing multiple civil lawsuits along with other "Rust" producers. The same cannot be said for armorer Hannah Gutierrez-Reed, however, who was found guilty of involuntary manslaughter back in March and was sentenced to the state maximum of 18 months behind bars.

However, the 27-year-old armorer is hoping to score a new trial, or at least get her conviction dismissed. Days after Alec Baldwin's trial was officially dismissed, her legal team claimed that the prosecutors could have also buried evidence during her trial as well, creating the need for a brand new trial.

A hearing has been scheduled for later this month to determine if the armorer will be released from prison pending a new trial, or whether she will continue to serve the remainder of her 18-month sentence.

Cinematographer Halyna Hutchins was shot and killed on the set of “Rust” when a gun held by Alec Baldwin went off, striking and killing Hutchins and hospitalizing director Joel Souza. Armorer Hannah Gutierrez-Reed, who loaded the weapon that was handed to Baldwin, was accused of bringing the live ammunition to set and loading the gun with real bullets.

However, the real source of the live ammunition on set was never uncovered, as there have been theories that the live ammunition came from props supplier Seth Kenney. Regardless, Hannah Gutierrez-Reed was implicated in another case of acting recklessly with a firearm that took place weeks before the shooting, when she was accused of bringing a firearm into a bar in New Mexico on October 1, 2021.

The State of New Mexico reached a plea agreement with the armorer earlier this month. She has agreed to serve 18 months of probation as part of her plea agreement.

Although the wounded director considered retiring after being shot on set, he told Vanity Fair in August that he decided to finish the film in order to financially benefit the late cinematographer’s family.

“I knew that the movie being finished would financially benefit Halyna’s family, which is very important to me,” he explained. “And I know this can sound trite for people who aren’t creative, but her last work matters. People seeing her last work matters. That was the tipping point for me in the decision.”

He also went on to clarify the status of his relationship with Alec Baldwin, stating, “We’re not friends. We’re not enemies. There’s no relationship.”