Alec Baldwin Prosecutor Asks ‘Rust’ Trial Judge to Reconsider Dismissal

The prosecutor in the “Rust” case has requested the judge to reconsider her decision to dismiss the manslaughter charge against Alec Baldwin.

Kari Morrissey, the “Rust” special prosecutor, argued that there was insufficient evidence to support the July dismissal and that Baldwin’s due process had not been violated throughout the trial.

The case was dismissed halfway through by State District Court Judge Mary Marlowe Sommer on the basis of withholding of evidence by police and prosecutors from the defense. The manslaughter charge was dismissed with prejudice , meaning the case cannot be refiled.

“The state’s discovery violation has injected a needless incurable delay into the jury trial. Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice,” the judge said in the dismissal .

“The State asserts that there were insufficient facts to support the Court’s ruling and there was no violation of the Defendant’s due process rights,” Morrissey wrote in a filing Wednesday. “Specifically, the State asserts that, while the State may have suppressed the ammunition from Defendant Baldwin, the Defendant was aware of the existence of the ammunition and the specific characteristics of the ammunition prior to the trial.”

Morrissey argued that the undisclosed ammunition was not relevant to the charges against Baldwin, considering his failure to use gun safety practices in place.

“The defendant was clearly aware that the ammunition was in the possession of the sheriff’s department and was also aware that some of the rounds possessed the same characteristics as the live rounds from ‘Rust’ and could have requested to inspect them at any time but failed to do so,” Morrissey said.

“Moreover, the defense could have requested undersigned counsel send the rounds to the FBI for chemical and ballistics testing but never made such a request,” she added.

Morrissey requested that the defense reveal “all information regarding when and how” it learned of the rounds, “so that a full record can be made for the likely possibility of a review by a higher court.”

In other words, an appeal could be around the corner.

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