Prosecutor who resigned from Alec Baldwin ‘Rust’ case says she wanted dismissal

A special prosecutor resigned from the manslaughter case against Alec Baldwin on Friday, citing the belief that the case should have been voluntarily dismissed by the state.

Later that same day, Judge Mary Marlowe Sommer dismissed the charges against Baldwin “with prejudice,” preventing any future refiling. Baldwin, 66, had been charged with involuntary manslaughter in the accidental 2021 death of cinematographer Halyna Hutchins on the New Mexico set of “Rust.” Baldwin was handling a revolver intended as a prop when the fatal incident occurred. Meanwhile, “Rust” armorer Hannah Gutierrez-Reed was convicted in March of involuntary manslaughter and sentenced to 18 months in prison.

Special prosecutor Erlinda Ocampo Johnson, who initially accused Baldwin of recklessness, realized the prosecution’s case was jeopardized when it was discovered that some rounds had not been disclosed to the defense. “It was evident that this information should have been provided,” Ocampo Johnson told NBC News on Friday night.

Image taken from – nydaily news

Ocampo Johnson resigned and left the court before a hearing about whether the evidentiary issue warranted dismissing Baldwin’s case, as his lawyers contended. Her co-prosecutor, Kari Morrissey, mentioned that Ocampo Johnson’s resignation was partly due to disagreement with holding a public hearing, though Ocampo Johnson believed no hearing was necessary.

“I felt that the appropriate decision was dismissal,” Ocampo Johnson stated.

When questioned about resistance to her recommendation, she clarified, “It wasn’t push-back; it was more of a directive to continue with the case.”

Baldwin’s attorneys argued for dismissal after it came to light that Troy Teske, a former police officer and friend of Gutierrez-Reed’s stepfather, delivered .45-caliber rounds to the Santa Fe County Sheriff’s Office on the day of Gutierrez-Reed’s conviction. The defense contended they should have been informed about these rounds.

Morrissey maintained that the ammunition in question was unrelated to the case and not concealed from Baldwin’s lawyers. “There is no reason to believe the evidence discussed in court today was connected to the ‘Rust’ set,” Morrissey said after the case’s dismissal, expressing disagreement with but respect for the judge’s decision.

Morrissey did not provide additional comments on the case when contacted on Friday.

Despite believing in the criminal case against Baldwin and being ready to present evidence of mishandling the firearm days before Hutchins’ death, Ocampo Johnson emphasised the role of defense attorneys in determining the relevance of evidence. She asserted, “I believed in the case. There was reckless behaviour on the set that led to a woman’s death.”

Ocampo Johnson expressed doubt that the evidence withholding was intentional. “I don’t think it was deliberate. It was simply an oversight,” she said.

Following Baldwin’s case dismissal, Gutierrez-Reed’s attorney, Jason Bowles, announced plans to seek her immediate release. Ocampo Johnson, uninvolved in that prosecution, speculated that the ammunition issue was unlikely to affect Gutierrez-Reed’s conviction. “I don’t think it should impact her case, but it certainly should have been disclosed in this case,” she noted.