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Prosecutor Asked Judge to Reconsider Dismissal of Alec Baldwin’s Rust Case

A prosecutor’s request to reverse the dismissal of Alec Baldwin’s involuntary manslaughter case over the Rust shooting was denied in October 2024.
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Special prosecutor Kari Morrissey asked a New Mexico judge in September 2024 to reconsider the dismissal of Alec Baldwin’s involuntary manslaughter case in the fatal 2021 Rust shooting. The request did not reinstate the charge. Judge Mary Marlowe Sommer denied the amended motion on October 24, 2024, finding it untimely and unsupported by factual or legal grounds warranting reconsideration.

Why was Alec Baldwin’s Rust case dismissed?

On July 12, 2024, Judge Sommer dismissed the case with prejudice after a trial hearing exposed that ammunition evidence had not been disclosed to the defense. The judge treated the discovery failure as a serious fairness and due-process problem. The case concerned the October 2021 fatal shooting of cinematographer Halyna Hutchins on the set of Rust, for which Baldwin faced an involuntary manslaughter charge. TheWrap reported on the dismissal and the later motion.

What did the prosecutor ask the judge to reconsider?

In September 2024, Morrissey argued for the state that the dismissal lacked sufficient factual support and disputed the defense’s account or interpretation of the ammunition evidence. Those were prosecution arguments, not findings by the court. Asking for reconsideration did not itself reopen the case or restore the dismissed charge. Variety reported on the prosecutor’s request.

Why did the filing-limit issue matter?

The court initially declined to consider the prosecutor’s 52-page motion because it exceeded a reported 10-page local filing limit; reports also described 387 pages of exhibits. The prosecutor was allowed to submit a shorter amended version. This filing-limit setback was a separate procedural event from Judge Sommer’s later ruling on the amended motion. TheWrap reported the filing-limit details.

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How did the judge rule on the amended motion?

On October 24, 2024, Judge Sommer denied the amended motion. She found it untimely and concluded that the state had not provided factual or legal arguments that justified reconsideration. In the court’s words, as reported by Variety: “The Court concludes that the state does not raise any factual or legal arguments that would justify the grant of a motion to reconsider.” Variety reported the ruling and quoted the judge.

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