The involuntary manslaughter case against Hollywood star Alec Baldwin over a fatal shooting on the set of the film Rust was “improperly dismissed” by the judge, the prosecutor says.

The trial collapsed after just three days, based on testimony that police and prosecutors had withheld potential evidence from the defence.

The actor was holding a gun which went off on the set in New Mexico in 2021, killing cinematographer Halyna Hutchins and wounding director Joel Souza.

Kari Morrissey – who is the lead prosecutor in both the Baldwin and Gutierrez cases – says Judge Mary Marlowe Sommer “misunderstood” the evidence.

The New Mexico judge threw the case out based on the misconduct of police and prosecutors over the withholding of ammunition evidence from the defence, while also confirming charges cannot be filed again.

The case-ending evidence at Baldwin’s trial concerned ammunition that was taken into the Santa Fe County Sheriff’s Office in March, more than two years after the shooting, by a man who said it could be related to Ms Hutchins’ death.

Investigators deemed the ammunition unrelated and unimportant, the court heard – but Baldwin’s lawyers alleged they “buried” it and filed a motion to dismiss the case, which proved successful.

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The day of the dismissal in July led to an extraordinary day in court during which Ms Morrissey called herself as a witness, and Baldwin broke down in tears and hugged his lawyers as the judge made the dismissal ruling.

Rust armourer Hannah Gutierrez – who earlier this year was jailed for 18 months for her role in Ms Hutchins’ death – has since asked a judge for a new trial on similar grounds, alleging there was “extreme misconduct” by the prosecutor related to withheld evidence.

Ms Morrissey has asked the judge to reject Gutierrez’s request.

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In her response to Gutierrez’s request, Ms Morrissey suggested the judge dropped the Baldwin case “without hearing any of the testimony or argument”.

The court document went on: “Although the court’s final order has not yet been filed, undersigned counsel contends that the court misunderstood the testimony on July 12, 2024, and improperly dismissed the case against Mr Baldwin.”

The prosecutor argued that even if the judge ruled the “dismissal of the case against Mr Baldwin was proper” there is a “huge difference” in the Gutierrez case in relation to the ammunition evidence.

During Gutierrez’s trial, the prosecution said she unwittingly brought live ammunition on to the film set, where it was expressly prohibited and failed to follow basic gun safety protocols.

She was acquitted at trial of allegations she tampered with evidence.

There has still not been a definitive determination on how the live rounds made their way on to the film set.

Meanwhile, Baldwin has said he may sue both Ms Morrissey and Santa Fe County Sheriff Adan Mendoza over the trial being brought in the first place.

Ms Morrissey and representatives for Baldwin have been contacted for comment.

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