Prosecutor Who Resigned from Alec Baldwin 'Rust' Case Sought Dismissal
A special prosecutor who resigned from the manslaughter case against Alec
Baldwin on Friday explained her decision, citing her belief that the state should
have voluntarily dismissed the case.
Later that day, Judge Mary Marlowe Sommer dismissed the case against Baldwin
"with prejudice," preventing any future refiling of charges against
the actor.
Baldwin, 66, had been charged with involuntary manslaughter following the
accidental shooting death of cinematographer Halyna Hutchins in 2021 on the New
Mexico set of the movie "Rust." Baldwin was holding a revolver
intended to be used as a prop when the incident occurred. "Rust"
armorer Hannah Gutierrez-Reed was convicted of involuntary manslaughter in
March and sentenced to 18 months in prison.
Special prosecutor Erlinda Ocampo Johnson, who had previously accused
Baldwin of recklessness in her opening statement, realized the prosecution's
case was in jeopardy on Friday when she discovered that certain rounds had not
been disclosed to the defense.
“It was clear that it was something that should have been turned over,”
Ocampo Johnson told us.
Ocampo Johnson resigned and left the court before a hearing could be
completed to determine whether the evidentiary issue warranted the case's
dismissal, as argued by Baldwin’s lawyers. Fellow special prosecutor Kari
Morrissey stated in court that Ocampo Johnson resigned partly because she
disagreed with holding a public hearing. However, Ocampo Johnson clarified that
she believed no hearing should have been held at all.
“I believed that the right decision would have been a dismissal,” Ocampo
Johnson said. When asked if her recommendation faced opposition, she responded:
“I wouldn’t say ‘push-back,’ it was ‘go forward with the case.’”
When it became known that Troy Teske, a former police officer and stepfather of Gutierrez-Reed, had given Colt.45-caliber bullets to the Santa Fe County Sheriff's Office on March 6, the day of Gutierrez-Reed's conviction, Baldwin's counsel asked the judge to dismiss the case. Defense lawyers contended that they ought to have been made aware of these rounds.
Morrissey contended that the disputed ammunition was neither connected to the case nor concealed from Baldwin’s lawyers.
“There is no reason to believe that the evidence discussed in court today was
related to the set of ‘Rust,’” after the case was dismissed, Morrissey said .
Although she disagreed with the judge’s decision, she respected it.
Morrissey did not immediately respond to requests for additional comment on
the case.
Ocampo Johnson expressed her belief in the criminal case against Baldwin, stating she had evidence showing the firearm was not properly handled in the days leading up to Hutchins' death. Baldwin ought to have known about the industry rules, she said, which state that you should never aim a gun at someone and that you should always treat them like you have a loaded gun.
“I believed in the case,” she said. “Because I do believe — obviously
there’s a woman who was killed. There was some reckless behavior on the set.”
However, she emphasized that it is the defense attorneys' responsibility to
decide the relevance of evidence to their defense, not the prosecutors.
Ocampo Johnson did not believe any evidence was intentionally withheld.
“I don’t think it was intentional. I really do not believe that,” she said.
“I think it was just something that — it wasn’t turned over, and it should have
been.”
Following the dismissal of Baldwin's case, Gutierrez-Reed’s attorney, Jason
Bowles, announced plans to seek her immediate release.
Ocampo Johnson, not involved in Gutierrez-Reed’s prosecution, couldn't
specifically comment on how Baldwin’s case might impact Gutierrez-Reed’s
defense. However, she doubted the disputed ammunition would aid in overturning
her conviction.
“I don’t think it should impact her case, but it certainly should have been
turned over in this case,” Ocampo Johnson said.
