Alec Baldwin’s authorized staff slammed an Aug. 30 motion filed by prosecutor Kari T. Morrissey, who’s looking for to revive the involuntary manslaughter case in opposition to the actor, which was dismissed with prejudice by New Mexico decide Mary Marlowe Sommer in July.
In court docket paperwork filed Friday, Sept. 20, and obtained by PEOPLE, legal professionals for Baldwin — who was holding a prop gun on the set of the Western film Rust in 2021 when it discharged, by chance killing cinematographer Halyna Hutchins and injuring director Joel Souza — mentioned Morrissey has “continued abuse of the judicial course of.”
“She repeatedly violated the State’s disclosure obligations, buried proof, lied about it at trial, after which lied about her causes for mendacity about it,” Baldwin’s authorized staff continued. “Not solely has the State didn’t current any new info to warrant reconsideration, however the brand new info that has emerged since trial solely underscores the energy and necessity of the Court docket’s judgment.”
“The Court docket ought to ‘make sure the integrity of the judicial system and the environment friendly administration of justice’ by putting and denying the State’s motions,” Baldwin’s attorneys added.
His attorneys argued that the court docket ought to strike the state’s faulty movement and the state’s movement for reconsideration needs to be denied, claiming the state’s misconduct was “egregious” and the case legislation helps the dismissal.
They summarized the response by writing: “The court docket ought to deny the State’s Amended Movement, or within the various, strike the Amended Movement as premature and award Baldwin attorneys’ charges.
Baldwin, who insisted he didn’t pull the set off or know why the gun by chance contained reside ammunition, was indicted by a grand jury in January, and stood trial for involuntary manslaughter in July.
However in a dramatic twist on the third day of the proceedings, Sommer dismissed the case with prejudice after listening to arguments that the prosecutors, together with Morrissey, withheld proof from the protection staff.
Baldwin lawyer Luke Nikas claimed a person named Troy Teske — a pal of Thell Reed, the daddy of Rust armorer Hannah Gutierrez-Reed, who was found guilty of involuntary manslaughter in March for by chance loading a reside spherical into the gun — had turned over ammunition to authorities he thought was related to the case.
That afternoon, Morrissey known as herself to testify below oath and defined to the court docket why she didn’t assume the ammunition handed over was thought of Rust proof. However Sommer finally agreed with the protection.
“The late discovery of this proof throughout trial has impeded the efficient use of proof in such a means that it has impacted the basic equity of the proceedings,” Sommer mentioned in court docket July 12 as she introduced her choice.
Baldwin, who confronted 18 months in jail if convicted, cried in court docket upon listening to the information.
In her Aug. 30 movement, Morrissey objected to Sommer’s ruling and requested the decide to rethink. “The State asserts that there have been inadequate details to help the Court docket’s ruling and there was no violation of the Defendant’s due course of rights,” she wrote.
Sommer denied Morrissey’s motion on Sept. 5 as a result of it exceeded the court-ordered web page restrict. Morrissey filed an amended movement later that day.