Actor Alec Baldwin, who was on trial for the shooting death of cinematographer Halyna Hutchins, is a free man. In a rare move, Judge Mary Sommer dismissed the case against him with prejudice after the defense showed that the prosecution withheld crucial evidence from the defense in a Brady violation.     

According to the National Association of Criminal Defense Lawyers, "A Brady violation encompasses three elements: (1) the 'evidence at issue must be favorable to the accused, either because it is exculpatory or because it is impeaching; (2) that evidence must have been suppressed by the State, either willfully or inadvertently; and (3) prejudice must have ensued.'”  

On Friday, testimony was presented that a batch of bullets was turned over to the police during the trial, reportedly connected to the "Rust" movie set. The lead investigator and the prosecutor put them into evidence in a file unrelated to the "Rust" case. The prosecution failed to alert the defense to the new evidence. This, according to Judge Sommer, prejudiced the defendant irreparably.     

"There is no way for the court to right this wrong," said Judge Sommer. "The sanction of dismissal is the only warranted remedy."     

Special Prosecutor Kari Morrissey called herself to the stand in a desperate attempt to save face, but her testimony failed to convince the judge that the Brady violation wasn’t a glaring error. During the cross-examination of Morrissey, the defense asked her if she ever called Baldwin a “c***sucker,” and “an arrogant pri*k,” which Morrissey said she couldn’t recall.  

Baldwin and his family wept as the judge dismissed the charges. He cannot be tried again for the same crime. Hannah Gutierrez, the armorer on the set of "Rust," was sentenced to 18 months in prison for the death of Hutchins.      

Baldwin left the court directly after the judge's ruling without comment. Prosecutor Morrissey told news cameras that she was proud of the work she and her team did in this case.  

You can watch the ruling here.      

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