Prosecutors must redo lengthy motion seeking to reopen Alec Baldwin 'Rust' case

Prosecutors must resubmit a motion seeking to reopen the involuntary manslaughter case against Alec Baldwin over the fatal on-set "Rust" shooting because the initial filing was too long.

New Mexico Judge Mary Marlowe Sommer had previously dismissed the case against the actor during the trial after finding that the state concealed ammunition evidence from the defense.

Prosecutors last week filed a 52-page motion seeking to have the judge reconsider her dismissal, arguing that there were "insufficient facts" to support the ruling and that Baldwin's due process rights were not violated. On the same day, they filed a motion seeking to exceed the 10-page limit for motions.

Marlowe Sommer denied the motion to exceed the limit, writing in her order issued on Thursday that the state did not obtain advance leave to file a motion in excess of the 10-page limit.

"Given the procedural posture of the case, the Court must enforce the local rule to regulate the Court's docket and promote judicial efficiency," Marlow Sommer wrote.

The ruling means prosecutors must file a new motion that complies with the 10-page requirement, a court spokesperson said. The judge has not ruled on the underlying request to reconsider the dismissal.

Marlowe Sommer granted the defense's motion to dismiss the case with prejudice on day three of the July trial. Baldwin's attorneys had claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was "concealed" from them.

The judge said in court on July 12 while issuing her ruling that the state's discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence "injected needless delay into the proceedings," approached "bad faith" and was "highly prejudicial to the defendant."

Baldwin was indicted by a grand jury earlier this year on involuntary manslaughter over the death of "Rust" cinematographer Halyna Hutchins, months after prosecutors initially dropped the case amid the investigation.

Hutchins was fatally shot by the actor on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.

"Rust" armorer Hannah Gutierrez was convicted of involuntary manslaughter in connection with Hutchins' death in March. Prosecutors argued during the trial that the armorer was the source of the live bullet that killed her and had failed to follow safety protocols meant to protect the crew while handling the firearms.

Gutierrez is currently serving an 18-month prison sentence, the maximum for the offense.

Following the dismissal of Baldwin's case, her attorneys filed an expedited motion for a new trial or dismissal of her case based on what they call "severe and ongoing discovery violations by the State."

A hearing on the motion is scheduled for Sept. 26.

Editor's Note: This article has been updated to reflect that prosecutors must resubmit a new motion to the court to reopen the involuntary manslaughter case against Alec Baldwin; that motion must heed the court's 10-page limit on motions. An earlier version of the article incorrectly stated that a judge ruled against the prosecution's motion to reopen.