Judge dismisses lawsuit filed by Alec Baldwin for malicious prosecution in fatal ‘Rust' set shooting
The judge in a ruling made public Wednesday dismissed the case without prejudice for lack of any significant action with the claim, which was filed in state district court earlier this year. Baldwin's attorneys will have 30 days to file a motion seeking reinstatement.
Luke Nikas, Baldwin's lead attorney, told The Associated Press in an email that the dismissal amounted to a nonevent since his team has been waiting to prosecute the case.
'We have been in good-faith settlement discussions with the parties to the lawsuit and will be refiling promptly if those discussions are not promptly and favorably resolved,' he said.
Defendants include special prosecutor Kari Morrissey and Santa Fe District Attorney Mary Carmack-Altwies, along with three investigators from the Santa Fe County sheriff's office and the county board of commissioners.
A charge of involuntary manslaughter against Baldwin was dismissed at trial last year on allegations that police and prosecutors withheld evidence from the defense. The trial was upended by revelations that ammunition was brought into the Santa Fe County sheriff's office months earlier by a man who said it could be related to the killing of cinematographer Halyna Hutchins.
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The allegations in Baldwin's tort claim include defamation, with his attorneys saying that prosecutors and investigators targeted the actor and coproducer for professional or political gain.
Hutchins died shortly after being wounded during a rehearsal for the movie 'Rust' in October 2021 at a film-set ranch on the outskirts of Santa Fe, New Mexico.
Baldwin was pointing a pistol at Hutchins when it discharged, killing Hutchins and wounding director Joel Souza. Baldwin has said he pulled back the hammer — but not the trigger — and the revolver fired.
The actor recently spoke to The Associated Press at San Diego's Comic-Con International, saying he couldn't believe what happened that day in court as the trial came to an abrupt end and that his life over the last year has been far better than the few years that preceded it.
Still, Baldwin and other producers of 'Rust' are being sued in New Mexico state court by the parents and younger sister of Hutchins. Court records show a deposition for Baldwin in that case was put off in May and has yet to be rescheduled.
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Toronto Sun
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Judge dismisses Alec Baldwin lawsuit against prosecutors in ‘Rust' case
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THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account or Sign in without password View more offers Article content Court records show the New Mexico suit was dropped Tuesday because of inactivity, but Baldwin's attorneys can seek reinstatement of the lawsuit within 30 days. Article content tap here to see other videos from our team. Try refreshing your browser, or Judge dismisses Alec Baldwin lawsuit against prosecutors in 'Rust' case Back to video tap here to see other videos from our team. Try refreshing your browser, or Play Video Article content Baldwin's lawyer Luke Nikas characterized the dismissal as a 'nonevent' in a statement to The Washington Post: 'The court dismissed the matter without prejudice because we have been waiting to prosecute the case,' Nikas said. 'We have been in good-faith settlement discussions with the parties to the lawsuit and will be refiling promptly if those discussions are not promptly and favourably resolved.' Baldwin filed suit against New Mexico prosecutors and other authorities in January, months after a judge dismissed the involuntary manslaughter case against the Emmy-winning actor, ruling that prosecutors withheld potential evidence. Baldwin's lawsuit accused authorities of violating his rights and defaming him by mishandling the investigation of a 2021 fatal shooting on the set of Baldwin's low-budget western movie 'Rust.' Your Midday Sun Your noon-hour look at what's happening in Toronto and beyond. There was an error, please provide a valid email address. Sign Up By signing up you consent to receive the above newsletter from Postmedia Network Inc. Thanks for signing up! A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Your Midday Sun will soon be in your inbox. Please try again Article content Advertisement 3 Story continues below This advertisement has not loaded yet, but your article continues below. Article content Baldwin, a producer and star of the film, was rehearsing when a prop revolver in his hand discharged a live bullet, killing the movie's cinematographer, Halyna Hutchins, and wounding its director, Joel Souza. Baldwin consistently denied responsibility for making sure the gun was safe and denied pulling the gun's trigger, but he nevertheless became a focus of the investigation. Baldwin's prosecution was messy from the get-go. He was initially charged with involuntary manslaughter in 2023. Those charges were later downgraded, then dropped entirely in April 2023. But Baldwin was charged once again in January 2024. A judge abruptly threw out the case for good last year, ruling that Baldwin could not be retried because prosecutors failed to properly inform defence lawyers of live ammunition brought to the county sheriff's office that may have been connected to the shooting. The government had more success prosecuting Hannah Gutierrez-Reed, the film's armourer, who was convicted of involuntary manslaughter, sentenced to 18 months in prison, and released on parole in May. Advertisement 4 Story continues below This advertisement has not loaded yet, but your article continues below. Article content Defendants in Baldwin's lawsuit include the 'Rust' case's special prosecutor, Kari T. Morrissey, as well as District Attorney Mary Carmack-Altwies, who first brought the charges against Baldwin; and former district attorney Andrea Reeb, who resigned from the case after Baldwin's lawyers called her participation unconstitutional as she served as a state representative. Investigators from the Santa Fe County's Sheriff's Office and the board of county commissioners were also named defendants. In the complaint, Baldwin alleged that 'in carrying out their conspiracy, Defendants were driven by ill motives and to accomplish illegitimate ends, including to harass or 'humble' Baldwin, to promote their political agendas (in the case of Defendants Carmack-Altwies and Reeb), or to further their own personal agendas or professional ambitions.' The district attorney's office, Reeb and the sheriff's office didn't immediately respond to requests for comment. 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Winnipeg Free Press
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