What does dismissed with prejudice mean? No exculpatory evidence against Alec Baldwin explored as actor walks free 

The involuntary manslaughter charge against Alec Baldwin has been dismissed. Baldwin faced the charge after the 2021 shooting death of cinematographer Halyna Hutchins, who was working with him on Rust. The judge dismissed the case after it was found that prosecutors withheld evidence that would have been favorable in the actor’s defense.

On Friday, July 13, 2024, New Mexico Judge Mary Marlow Sommer ruled in favor of Alec Baldwin and announced the charges against the actor must be dropped. This comes after it was discovered that the state had concealed how live rounds of ammunition ended up on the film set where Hutchins was fatally shot. Judge Mary Sommer said in court,

“The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings. If this conduct does not rise to the level of bad faith it certainly comes so near to bad faith to show signs of scorching.”

The Judge also said:

“Dismissal with prejudice is warranted to ensure the integrity of the judicial system and the efficient administration of justice.”

"Dismissed with prejudice" means a case is permanently over and cannot be brought back to court. These occur when the evidence brought forward does not support the claims or when an additional claim, not part of the original complaint, is unexpectedly brought forward.

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More about the evidence in question as Alec Baldwin walks free

Criminal defense lawyer Lauren Johnson-Norris said in an exclusive statement to Yahoo Entertainment that the case ended up a “complete embarrassment to the prosecution.” Johnson-Norris also said,

“Not only was their theory against Baldwin untenable, they withheld exculpatory evidence in an effort to convict him. The dismissal with prejudice puts an end to this spectacle of a trial, and I would expect Gutierrez-Reed to be filing a motion for a new trial Monday morning.”

Exculpatory evidence is crucial for defendants in a criminal case, as it shows that the person is not guilty of the accused crime.

Hannah Gutierrez-Reed, the film’s armorer, was convicted in April and sentenced to 18 months behind bars after allegedly bringing the bullets that killed Hutchins to the filming set. The court convicted her of involuntary manslaughter with ammunition. She is reportedly already in the process of appealing her conviction.

The evidence, which is the live rounds of ammunition in this case, was turned over to the New Mexico police in March following Gutierrez-Reed’s conviction. Alec Baldwin’s attorney, Alex Spiro, argued that the ammunition made its way to the sets from a prop supplier rather than Gutierrez-Reed.

A witness confirmed to the judge on July 12 that prosecutor Kari Morrissey was involved in the decision to file the evidence in an entirely distinct case file.

Alec Baldwin pointed a pistol at Hutchins during a rehearsal for Rust on October 21, 2021. The gun then went off and killed Hutchins.