Alec Baldwin looks grumpy as prosecutor asks judge to reconsider dropping charge against actor

Alec Baldwin was spotted in New York City recently.

The actor was photographed out in the streets of the Big Apple on his way to get a coffee on Wednesday, September 4. He wore a light black jacket on top of a black shirt with gray jeans and sneakers. Baldwin looked stoic and tired on his walk. While the actor was out and about, a prosecutor asked a New Mexico judge to reconsider the decision to dismiss Baldwin's involuntary manslaughter in the fatal shooting of a cinematographer Halyna Hutchins on the set of Rust, according to court filing made public on the same day.

Special prosecutor Kari Morrissey in her filing said there were insufficient facts to support the judge's July ruling and that Baldwin's due process rights had not been breached.

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In July, Baldwin's case was dismissed with prejudice in a decision by State District Court Judge Mary Marlowe Sommer in the middle of his trial. Judge Sommer found that evidence was withheld by police and prosecutors in a way that was "intentional and deliberate." She also found "egregious discovery violations constituting misconduct" not only by the police and prosecutors but in a witness' false testimony about physical evidence during the trial. Since the charge against Baldwin was dismissed with prejudice, that means it cannot be brought back to court.

The 66-year-old was originally charged with involuntary manslaughter when he pointed a gun at the Hutchins during a rehearsal on set of the Western film in October 2021. The gun went off, killing the cinematographer and injuring director Joel Souza. Baldwin claimed that he pulled back the hammer but not the trigger when the revolver fired. Movie armorer Hannah Gutierrez-Reed is currently serving an 18-month sentence for involuntary manslaughter after she was convicted in March.

The evidence of the ammunition, which was part of the decision of the dismissal, was taken to the sheriff's office in March by a man who stated it could be in connection to Hutchins' death. Prosecutors did not feel the ammunition was important in evidentiary value, but Baldwin's defense team argued that it should been disclosed and how the prosecutors "buried" it. They then filed a motion to dismiss case and were successful.

Morrissey contended that undisclosed ammunition was not related to the case against the father-of-seven in her request for reconsideration. She argued his case was based on his responsibility in handling a gun safely under the industry guidelines.

"No one on the prosecution team ... ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case even if they were the same or similar to the live rounds found on the set of Rust," Morrissey wrote.

She added that the defense "intended to sway and confuse the court" and they did that, for example, by canceling an opportunity to see the rounds they knew about prior to trial.