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Prosecutors need to refile their motion to reopen Alec Baldwin’s involuntary manslaughter case related to the fatal “Rust” shooting due to the original document being too lengthy.
Previously, Judge Mary Marlowe Sommer of New Mexico dismissed the case against Baldwin, citing the state’s failure to disclose ammunition evidence to the defense.
Last week, prosecutors submitted a 52-page motion asking the judge to reconsider the dismissal, arguing there were insufficient facts to support the ruling and Baldwin’s due process rights were not violated. They also requested permission to exceed the 10-page limit for motions.
Judge Marlowe Sommer denied the request to exceed the page limit, stating that the state didn’t obtain prior approval. “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 Marlowe Sommer wrote.
This decision means prosecutors must now file a new motion adhering to the 10-page rule. The judge has not yet ruled on the motion to reconsider the dismissal.
The initial dismissal occurred on the third day of Baldwin’s July trial, with the defense arguing that local law enforcement withheld evidence related to the live ammunition. The judge found that the late disclosure of this evidence caused significant delays and heavily prejudiced the defendant.
Baldwin was originally indicted by a grand jury earlier this year for involuntary manslaughter in the death of “Rust” cinematographer Halyna Hutchins. Hutchins was fatally shot on set in October 2021 when Baldwin’s revolver discharged a live round.
“Rust” armorer Hannah Gutierrez was convicted of involuntary manslaughter in March for supplying the live bullet and failing to follow safety protocols. She is currently serving an 18-month prison sentence, the maximum penalty.
Following the dismissal of Baldwin’s case, Gutierrez’s attorneys filed a motion for a new trial or dismissal, citing “severe and ongoing discovery violations by the State.” A hearing for her motion is scheduled for September 26.
**Editor’s Note:** This article has been updated to clarify that prosecutors must submit a new, 10-page motion to reopen the involuntary manslaughter case against Alec Baldwin. A previous version incorrectly stated that a judge denied the prosecution’s motion to reopen the case.