Alec Baldwin’s legal team has signaled its intention to sue a Santa Fe sheriff and prosecutor after it was revealed they withheld evidence during his trial for the on-set shooting death of Rust cinematographer Halyna Hutchins.
In a pair of preservation notices obtained by Rolling Stone, lawyers for Baldwin warned Santa Fe prosecutor Kari Morrissey and Sheriff Adan Mendoza of “future litigation” stemming from their actions during his involuntary manslaughter trial.
Both parties have been asked to “preserve all relevant information” and “devices, hard drives, emails, text messages, and other electronic communications” related to the legal proceedings, according to the documents. That includes “all communications between and among anyone at the Santa Fe County Sheriff’s Office (‘SFSO’), the First Judicial District Attorney’s Office (‘FJDA’), and/or the Special Prosecutor’s Office (‘SPO’) related to the Incident,” as well as all “documents, communications, and information referencing or relating to Mr. Baldwin.
“Should you or anyone in your office alter or delete any of these materials, or otherwise fail to comply with this request, you may face serious consequences, including civil liability, court sanctions, and adverse evidentiary inferences in any subsequent proceeding,” the notices warned.
The judge in the trial did something unexpected.
On Friday, Judge Mary Marlowe Sommer, in a shocking move, tossed Baldwin’s case in the middle of trial, blaming the Santa Fe Sheriff’s Office and Morrisey’s failure to disclose key evidence regarding the source of the live round that killed Hutchins on Oct. 21, 2021.
Hutchins was prepping for a scene inside the Bonanza Creek Ranch in New Mexico when she was fatally shot by a prop gun handled by Baldwin. He was practicing a cross draw with a pistol when it suddenly went off, fatally striking Hutchins. Director Joel Souza also was wounded in the incident.
The film's armorer was also charged in the director's death.
Both 66-year-old Baldwin and the film’s armorer, Hannah Gutierrez-Reed were charged with involuntary manslaughter in connection with the shooting.
Gutierrez-Reed was found guilty during a separate trial and sentenced in March to 18 months in prison. Her legal team has asked that she be freed in light of Baldwin’s recent case dismissal.
-by Jessica Schladebeck
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