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Alec Baldwin's prosecutor asks judge to reconsider dismissal of manslaughter case

Alec Baldwin's prosecutor asks judge to reconsider dismissal of manslaughter case

A US prosecutor has asked a judge to reconsider her dismissal of Alec Baldwin's manslaughter case, challenging the court's decision that law enforcement authorities deliberately withheld important evidence in their case against the Hollywood star.

In a court filing released Wednesday, New Mexico State Attorney Kari Morrissey said the decision to dismiss a fatal shooting on the set of the movie “Rust” was flawed and that the evidence was withheld only because it was “irrelevant.”

“There was no cover-up because there was nothing to cover up,” the complaint states, “respectfully requesting that the court reconsider its dismissal of the complaint with reservation.”

Hollywood star Baldwin pointed a gun at cinematographer Halyna Hutchins during a rehearsal in October 2021 when a shot went off, killing her and injuring the film's director.

Prosecutors alleged that he ignored basic safety rules for handling weapons and acted recklessly on set.

The defense said the actor was not responsible for checking the contents of the gun and did not know it contained live ammunition.

The high-profile case went to trial in July, but failed spectacularly when Judge Mary Marlowe Sommer found that key evidence had been withheld from the defense.

As it emerged during the trial, former police officer Troy Teske had handed over live ammunition to authorities that may have matched the ammunition used in the fatal shooting.

But they were not made available to Baldwin's lawyers, and the evidence was not catalogued in the Rust file by forensic technicians.

Sommer ruled that the withholding of evidence was “intentional and conscious.”

She immediately dropped the charges against Baldwin. If convicted, Baldwin could have faced 18 months in prison.

Legal experts said it was highly unlikely that Baldwin would ever return to criminal court for the shooting.

But in their new motion, prosecutors argue that the “buried” bullets “could have been purchased at any gun store two and a half years after Ms. Hutchins' death” and are “irrelevant to the case against Mr. Baldwin.”

“The details of how the live ammunition got onto the set are neither relevant nor material to the charges against Mr. Baldwin… it was nonetheless Alec Baldwin's responsibility to safely handle his real prop weapon,” they wrote.

The motion also asks that Baldwin's lawyers be required to explain how they learned about the ammunition Teske gave to police and suggests that “a record may be prepared for possible review by a higher court.”

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