New Mexico
Alec Baldwin sues New Mexico prosecutors, investigators for civil rights violations
Alec Baldwin ‘Rust’ case dismissed by judge over ‘suppressed’ evidence
Alec Baldwin’s involuntary manslaughter charge was abruptly dismissed with prejudice. He cannot be retried for involuntary manslaughter.
Alec Baldwin, whose involuntary manslaughter case was dismissed last summer over suppressed evidence, is taking the fatal 2021 “Rust” set shooting back to the court room.
The actor on Thursday filed a civil lawsuit in Santa Fe County District Court alleging prosecutors violated his civil rights and defamed him. The defendants named in the filing included special prosecutor Kari Morrissey, personnel within the district attorney’s office for New Mexico’s First Judicial District and members of the Santa Fe County Sheriff’s Office.
The complaint detailed Baldwin’s claims that prosecutors and investigators “conspired to procure a groundless indictment against Baldwin” by not following the proper criminal process and also intentionally kept exculpatory evidence from the defense.
In a statement to USA TODAY, Morrissey said, “In October 2023 the prosecution team became aware that Mr. Baldwin intended to file a retaliatory civil lawsuit. We look forward to our day in court.”
USA TODAY has reached out to lawyers for Baldwin as well as the DA’s office for comment. The sheriff’s office declined to comment.
Last summer, Baldwin’s lawyer Alex Spiro forewarned the sheriff’s office and prosecutor in letters sent to the parties on July 12 to preserve evidence for “potential for future litigation,” according to copies obtained at the time by USA TODAY.
The actor and producer’s attorney advised Morrissey and Santa Fe County Sheriff Adan Mendoza to preserve all “devices, hard drives, emails, text messages, and other electronic communications” in addition to “documents, records, electronically stored information (‘ESI’), and other materials and data existing in any form whatsoever, that are actually or potentially relevant or relate in any way to the investigation(s) and/or prosecution(s) conducted by the State in connection with the death of Halyna Hutchins.”
The filing comes nearly six months after First Judicial District Judge Mary Marlowe Sommer abruptly dismissed the criminal case against Baldwin on the grounds that prosecutors and law enforcement withheld evidence that might be favorable to the actor’s defense. In October, she upheld her dismissal; though prosecutors appealed the judge’s decision in November, they withdrew the notice of appeal the following month.
Baldwin’s criminal charge stemmed from an Oct. 21, 2021, incident in which Baldwin’s prop gun, which he said he’d been told did not contain live ammunition, discharged during a rehearsal for the movie, killing 42-year-old cinematographer Halyna Hutchins and wounding director Joel Souza.
‘No verdict’ can ‘undo the trauma’ of criminal case against Alec Baldwin, lawsuit says
Baldwin’s legal complaint accused New Mexico investigators and prosecutors of being ” blinded by their desire to convict Alec Baldwin for all the wrong reasons, and at any cost, for the October 2021 accidental shooting of Halyna Hutchins.”
“Defendants sought at every turn to scapegoat Baldwin for the acts and omissions of others, regardless of the evidence or the law,” the filing continued.
Baldwin seeks a jury trial and an award of financial compensation for his “injuries suffered” as well as punitive damages against the defendants.
“Defendants must now be held accountable for their malicious and unlawful pursuit of Baldwin,” the lawsuit states. “Although no verdict in this civil case can undo the trauma the State’s threat of conviction and incarceration has inflicted, Alec Baldwin has filed this action to hold Defendants responsible for their appalling violations of the laws that governed their work.”
Why was Alec Baldwin’s involuntary manslaughter case dismissed?
The conclusion of Baldwin’s case with the state of New Mexico arrived more than two years after the on-set tragedy. Sommer dismissed the charge with prejudice, meaning prosecutors cannot refile the same claim.
Baldwin’s lawyers alleged in their filing that Santa Fe sheriffs and state prosecutors “concealed” evidence that could be linked to the source of the bullet that killed Hutchins. Prosecutors and sheriffs argued the evidence had no relevance or value to Baldwin’s case.
The judge reprimanded Morrissey and her team as “they have continued to fail to disclose critical evidence to the defendant.”
“The state’s willful withholding of this information was intentional and deliberate,” Sommer said. “If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching.”
Testimony revealed withheld evidence in ‘Rust’ case
On July 12, Baldwin’s lawyers said the Santa Fe County Sheriff’s Office was in possession of live rounds they argued might be connected to the one that killed Hutchins but failed to list them as evidence in the “Rust” investigation file or disclose their existence to defense lawyers.
On July 11, testimony revealed Troy Teske, a friend of “Rust” armorer Hannah Gutierrez-Reed’s stepfather, had delivered Colt .45 live rounds to the sheriff’s office on March 6. Baldwin’s team claimed this was evidence that could have established a connection to Seth Kenney, the prop supplier for “Rust.”
Baldwin’s attorneys alleged the rounds were evidence that the bullet that killed Hutchins came from Kenney. Kenney has denied supplying live ammunition to the production and has not been charged in the case.
Baldwin’s team has blamed Gutierrez-Reed, who is serving 18 months in prison for involuntary manslaughter, and first assistant director Dave Halls for negligence that led to Hutchins’ death. Meanwhile, prosecutors argued Baldwin handled the gun irresponsibly, exhibited “bullyish behavior on set” and changed his story to cast blame on others.
Contributing: Andrew Hay, Reuters
NEW MEXICO (KRQE) – An EMT student will get more than $287,000 over an injury he received during a training course. In March 2024, an employee with Wellness Studios Inc. took a group of EMS corps students, including Alejandro Guillen, on a hike to Embudo Canyon as part of the wellness portion for the class.
According to the lawsuit, a boulder came down at one point on the hike, hitting Guillen and pinning him underneath. Guillen suffered life-threatening and permanent injuries. He sued the state, claiming the employee leading the hike was not trained in first aid and organizing a hike. The lawsuit was settled for $287,500.
CIBOLA COUNTY, N.M. (KRQE) – New Mexico’s caves attract hundreds of explorers each year, but those adventures can lead to dangerous situations requiring emergency rescues, and local first responders are learning how to do them. The National Cave Rescue Commission held a two-day rescue course in the Malpais National Monument this past weekend. The instructor told KRQE News 13 that participants learned how to provide first aid in one of the most difficult environments.
“Cave rescues are particularly difficult because of the limited resources available in those environments. Caves themselves are often very large underground spaces with extended travel times, so you may not be able to get resources that you request for many hours,” said Sarah Truebe, Regional Coordinator for the National Cave Rescue Commission.
Albuquerque Fire and Rescue was one of the agencies participating in the two-day weekend training, alongside other emergency responders, volunteer search and rescue personnel, and members of New Mexico’s caving community. The training included first aid, communication skills, proper transportation of injured patients, and technical rescue. Instructor Sarah Truebe says aside from first aid, participants also learn to be mindful of the environment and how fragile the ecosystem is.
“It is very easy to get really mission-focused and to just go straight to that patient and not think a lot about the environment around you, but because these resources are so fragile and rare, we really want to take care of that resources as well, while we’re doing the rescue response,” said Truebe.
In all, 14 instructors hosted a group of 31 participants. Truebe said that between Arizona and New Mexico, there are usually one to two cave rescues a year, but said that last year they conducted six rescues. Truebe said their next training course will be held in October in central New Mexico. She said the date will be posted online once that training is scheduled.
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