The prosecutor who resigned from Alec Baldwin's 'Rust' case stated that she desired the dismissal of the case.

 

           Actor Alec Baldwin embraces his attorney Alex Spiro in a photograph 

                                 [taken by Ramsay de Give/AP.]

A special prosecutor resigned from Alec Baldwin's manslaughter case on Friday, citing her belief that the state should have voluntarily dismissed it. Later that day, Judge Mary Marlowe Sommer indeed dismissed the case against Baldwin "with prejudice," preventing charges from being refiled against the actor.

Baldwin, 66, had been charged with involuntary manslaughter following the accidental shooting death of cinematographer Halyna Hutchins on a New Mexico film set in 2021, where Baldwin was handling a prop revolver. The film's armorer, Hannah Gutierrez-Reed, was previously convicted in March on a similar charge and sentenced to 18 months in prison.

Special prosecutor Erlinda Ocampo Johnson, who had accused Baldwin of recklessness in her opening statement, expressed concern when she discovered that certain evidence had not been provided to the defense. "It was clear that it should have been disclosed," Ocampo Johnson told NBC News on Friday night.

She resigned before the completion of a hearing on whether this evidentiary issue warranted dismissal of Baldwin's case, as argued by his lawyers.

Special prosecutors Kari Morrissey (left) and Erlinda Ocampo Johnson are seen during Alec Baldwin's trial in Santa Fe, New Mexico, on Wednesday. (Photo: Ross D. Franklin / Pool via AP)

Her colleague and fellow special prosecutor, Kari Morrissey, stated in court that Ocampo Johnson resigned partly because she disagreed with the decision to hold a public hearing — but Ocampo Johnson clarified that she believed no hearing should have been held at all.

"I believed that the appropriate decision would have been dismissal," Ocampo Johnson said.

When asked about any opposition to her recommendation, Ocampo Johnson replied, "I wouldn't describe it as 'push-back,' but rather a decision to proceed with the case."

Following the revelation that Colt .45-caliber rounds were delivered to the Santa Fe County Sheriff’s Office on the day of Hannah Gutierrez-Reed's conviction, Baldwin's attorneys requested dismissal, arguing they should have been informed about the rounds.

Morrissey countered, asserting that the disputed ammunition was unrelated to the 'Rust' set and was not concealed from Baldwin's legal team.

"There's no indication that the evidence discussed in court today was connected to the 'Rust' set," Morrissey stated after the case's dismissal, expressing disagreement with the judge's ruling but acknowledging it.

Morrissey did not immediately respond to requests for further comment on the case that Friday.

Ocampo Johnson affirmed her belief in the criminal case against Baldwin, intending to present evidence showing that days before Halyna Hutchins' death, video footage indicated the firearm was mishandled.

"Baldwin should have been aware of industry protocols, including never pointing firearms at individuals and treating them as loaded at all times," Ocampo Johnson argued.

"I believed in the case," she emphasized. "There was a tragic loss of life, and reckless behavior occurred on the set."

However, Ocampo Johnson stressed that it is the defense's responsibility, not the prosecution's, to determine the relevance of evidence to their defense.

Regarding the unintentional withholding of evidence, Ocampo Johnson stated, "I don't believe there was any intentional concealment. I truly don't think so. It appears to have been a failure to disclose."

Following Baldwin's case dismissal, Jason Bowles, Gutierrez-Reed's attorney, announced plans to seek her immediate release.

While Ocampo Johnson was not involved in Gutierrez-Reed's prosecution and couldn't comment on how Baldwin's case might impact her, she doubted whether the disputed ammunition would assist in overturning Gutierrez-Reed's conviction.