The prosecutor in Alec Baldwin's 'Rust' case seeks to reconsider the dismissal of involuntary manslaughter charges.

The special prosecutor in Alec Baldwin's "Rust" shooting trial requested the judge reconsider the dismissal of the actor's involuntary manslaughter charge.

On July 12, Judge Mary Marlowe Sommer dismissed Baldwin's charges mid-trial, citing that the prosecution had withheld evidence from the defense.

Kari Morrissey, the prosecutor, contended that there were not enough facts to support Sommer's decision and asserted that Baldwin's due process rights had not been violated in an August 30 filing obtained by Planet Chronicle Digital.

Morrissey acknowledged that the evidence may have been "suppressed" from Baldwin's team but maintained that the actor was aware of the ammunition's existence prior to the trial. The prosecutor pointed out that the evidence was not "favorable" to Baldwin or "material."

Planet Chronicle Digital reached out to representatives for Baldwin and Morrissey.

In 2021, Halyna Hutchins was accidentally killed on the set of "Rust" when a gun held by Baldwin discharged.

On the fourth day of the trial, defense attorney Luke Nikas claimed that the state was withholding evidence that Seth Kenney was the source of the live ammunition. Nikas pointed to ammunition that was turned over to the Santa Fe County Sheriff's Office in March.

Morrissey stated that she never believed the evidence from ex-Arizona police officer Troy Teske was exculpatory because the ammunition given to law enforcement never left Arizona before the fatal shooting on the "Rust" set.

Morrissey testified that he did not take any steps to collect the ammunition because it was in Arizona, had never been to New Mexico, and did not match the live rounds on the set of 'Rust.'

After an analysis by crime scene technician Marissa Poppell, the prosecution asserted that the ammunition was stored in a separate evidence database.

During testimony, Poppell admitted that she did not inventory the evidence from Teske under the "Rust" case but instead under a different case number. The defense also did not receive a supplemental report on the new evidence. Santa Fe County Sheriff's Corporal Alexendria Hancock, the lead investigator on the case, revealed that this decision was made in consultation with prosecutors and her supervisors.

Did you all discuss what to do with what he dropped off? Judge Sommer inquired.

"Yes," she replied.

Did the judge ask if everyone agreed to store the evidence in a separate file? She replied affirmatively, stating that the evidence was not kept with the other evidence for the case.

Summer decided to dismiss the charges against Baldwin with prejudice, which means the charge cannot be brought up again after the appeal options have been exhausted.

""If this conduct does not constitute bad faith, it is at least indicative of prejudiced behavior," Sommer stated in court."

The judge stated that it is impossible for the court to rectify this injustice.