Alec Baldwin 'Rust' shooting case: What led to the stunning dismissal

Baldwin, 66, had faced 18 months in prison if convicted

Alec Baldwin’s case dismissal is like him ‘winning the lottery’: Brian Claypool

Criminal defense attorney Brian Claypool joins ‘Fox News Live’ to discuss Alec Baldwin’s ‘Rust’ manslaughter case being dismissed by the judge.

SANTE FE, N.M. — In a scene fit for a Hollywood legal thriller, the involuntary manslaughter case against Alec Baldwin for the fatal shooting of Halyna Hutchins in 2021 disintegrated in a matter of hours Friday and featured the lead prosecutor taking the stand.

Baldwin, 66, entered the courtroom Friday facing the prospect of up to 18 months in prison and walked out unscathed after Judge Mary Marlowe Sommer ruled prosecutors were "intentional and deliberate" in withholding key information from the defense.

Baldwin sobbed at the witness table and embraced his wife, Hilaria, before heading back to the Eldorado Hotel and Spa to celebrate the astonishing turn of events.

JUDGE DISMISSES ALEC BALDWIN'S INVOLUNTARY MANSLAUGHTER CASE IN STUNNING VICTORY FOR ACTOR

Actor Alec Baldwin reacts during his trial for involuntary manslaughter

Alec Baldwin cried in court after his involuntary manslaughter charge was dismissed.  (Ramsay de Give/Pool Photo via AP)

The trial's fourth day opened with defense attorney Luke Nikas accusing the state of sneakily burying evidence that live ammunition found on the set of "Rust" that killed Hutchins may have come from prop supplier Seth Kenney.

Despite the gravity of the claims and the prospect of public humiliation, lead prosecutor Kari Morrissey refused to drop the case prior to Friday's session.

"I told her to dismiss it. The evidence should have been turned over."

— Special prosecutor Erlinda Ocampo Johnson told Fox News Digital

But her co-counsel, special prosecutor Erlinda Ocampo Johnson, abruptly resigned before the hearing was held on whether to dismiss the case over the concealed evidence.

"I told her to dismiss it. The evidence should have been turned over," special prosecutor Johnson told Fox News Digital. "I was upset. I went to the bench and asked the judge to let me withdraw. And when I walked out, I had to grab Kleenex. I believe in the system and for the system to work there has to be complete transparency."

ALEC BALDWIN CELEBRATES ‘RUST’ TRIAL DISMISSAL AT HOTEL PARTY

Special prosecutor Kari Morrissey speaks during US actor Alec Baldwin's trial

Special prosecutor Kari Morrissey speaks during Alec Baldwin's trial for involuntary manslaughter in Santa Fe County District Court in Santa Fe, N.M., July 12, 2024. (Ramsay de Give/Pool via REUTERS)

WATCH: SPECIAL PROSECUTOR SPEAKS TO PRESS FOLLOWING DISMISSAL OF ‘RUST’ CASE

The evidence that leveled the case arrived shortly after armorer Hannah Gutierrez Reed’s conviction in March for the same charge Baldwin was facing. 

She had accidentally loaded a live round into the revolver Baldwin fired on set Oct. 21, 2021, which killed Hutchins and wounded director Joel Souza. 

Retired police Officer Troy Teske, a family friend of Gutierrez Reed’s father, walked into the Santa Fe County Sheriff's Office and delivered a collection of rounds that he said came from Kenney and matched the bullet that killed Hutchins.

ALEC BALDWIN ‘RUST’ SHOOTING TRIAL: REALITY SHOW IS A ‘TERRIBLE PR BLUNDER,’ EXPERT SAYS

Alex Spiro sports a yellow tie during Rust trial.

Alex Spiro has worked with Megan Thee Stallion, Jay-Z and Elon Musk. (Getty Images)

During Friday's riveting hearing, it was revealed Teske was never interviewed and that Morrissey, in consultation with the lead investigators, decided not to inventory the evidence in the "Rust" file but instead under a different case number. 

As a result, the information was never given to the defense.

"I actually really appreciate Mr. Baldwin’s movies. I really appreciate it — the acting he did on ‘Saturday Night Live.' And I really appreciate his politics." 

— Special prosecutor Kari Morrissey testified

"So you, you all had discussions about what to do with what he dropped off?" Judge Marlowe Sommer asked lead investigator Cpl. Alexandra Hancock Friday.

"Yes," she replied.

"And you all agreed to put it in the separate file?" the judge pressed.  

"Yes," Hancock answered.

FATAL TIMELINE IN ALEC BALDWIN ‘RUST’ SHOOTING THAT LED TO ACTORS INVOLUNTARY MANSLAUGHTER CHARGE

  • Alec Baldwin reacts after the judge threw out the involuntary manslaughter case

    Actor Alec Baldwin reacts after the judge threw out the involuntary manslaughter case for the 2021 fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie "Rust," Friday, July 12, 2024, at Santa Fe County District Court in Santa Fe, N.M.  (Pool Video via AP)

  • Alec Baldwin reacts

    Alec Baldwin reacts after the judge threw out the involuntary manslaughter case for the 2021 fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie "Rust," Friday, July 12, 2024, at Santa Fe County District Court in Santa Fe, N.M.  (Pool Video via AP)

  • Filmmaker Jenna Rosher (R) films Alec Baldwin departing his hotel

    Filmmaker Jenna Rosher, right, films Alec Baldwin departing his hotel in Santa Fe, N.M., Thursday, July 11, 2024. (Derek Shook for Fox News Digital)

  • Stephen Baldwin and Elizabeth Keuchler depart the courthouse for a lunch break during the second day of their brother Alec Baldwin’s trial

    Stephen Baldwin and Elizabeth Keuchler depart the courthouse for a lunch break during the second day of their brother Alec Baldwin’s trial in Santa Fe, N.M.,Thursday, July 11, 2024. (Derek Shook for Fox News Digital)

  • Luke Nikas attends Alec Baldwin's manslaughter trial

    Attorney Luke Nikas attends Alec Baldwin's manslaughter trial for the 2021 fatal shooting of cinematographer Halyna Hutchins during filming of the Western movie "Rust", in Santa Fe, New Mexico, U.S., July 11, 2024.  (REUTERS/Ramsay de Give/Pool)

  • Hilaria Baldwin arrives at the courthouse for the second day of her actor husband Alec Baldwin's trial

    Hilaria Baldwin arrives at the courthouse for the second day of her husband Alec Baldwin's trial Thursday, July 11, 2024, in Santa Fe, NM.  (AP Photo/Ross D. Franklin)

In a desperate bid to salvage the dissolving case, Morrissey called herself as a witness and insisted the evidence wasn’t relevant and didn't benefit Baldwin.

"At the end of the day, the jury may have agreed with her," Johnson told Fox News Digital. "She really believed this evidence wasn’t relevant, but prosecutors don’t get to make that decision." 

Morrissey's risky gambit turned into a nationally televised spectacle as defense attorney Alex Spiro cross-examined her. 

She testified that Johnson resigned because she didn’t want the hearing to be public, a claim Johnson flatly denied. 

ALEC BALDWIN'S ‘RUST’ ARMORER REQUESTS PRISON RELEASE DAYS BEFORE ACTOR'S INVOLUNTARY MANSLAUGHTER TRIAL

Prosecutor Erlinda Ocampo Johnson speaks during actor Alec Baldwin's hearing

Prosecutor Erlinda Ocampo Johnson speaks during actor Alec Baldwin's hearing in Santa Fe County District Court Wednesday, July 10, 2024, in Santa Fe, N.M.  (AP Photo/Ross D. Franklin, Pool)

WATCH: ALEC BALDWIN LEAVES COURT AFTER STUNNING VICTORY

Morrissey also tried to backpedal on an earlier statement to the court suggesting that the first time she became aware of Teske's evidence drop was that morning. 

"The truth of the matter is you don’t like Baldwin very much, do you?" Spiro asked, bringing the case to a conclusory crescendo.

Morrissey, it appeared, attempted to fend off that portrayal by drawing attention to their shared liberalism.

"You know, that is absolutely untrue. I actually really appreciate Mr. Baldwin’s movies. I really appreciate it — the acting he did on ‘Saturday Night Live.’ And I really appreciate his politics," she said.

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Judge Mary Marlowe Sommer listens to prosecutor Kari Morrissey speak during actor Alec Baldwin's hearing

Judge Mary Marlowe Sommer listens to prosecutor Kari Morrissey speak during actor Alec Baldwin's hearing in Santa Fe County District Court Wednesday, July 10, 2024, in Santa Fe, N.M.  (AP Photo/Ross D. Franklin, Pool)

Spiro followed up by asking her whether she called Baldwin an "arrogant prick" and a series of other profane insults to witnesses she’d interviewed for the case. 

Repeatedly pausing to gather her thoughts, she said she didn’t recall the comments.

Johnson said she’s been practicing law for 28 years and had never seen a prosecutor voluntarily take the stand.

"That was incredibly unusual, and it was disappointing," Johnson added. "I just didn’t want to watch it.

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Alec Baldwin gets on a plane

Alec Baldwin boards a private jet in Santa Fe Saturday, July 13, 2024. The case of involuntary manslaughter against the actor was thrown out of court Friday by the judge, and it cannot be filed again.  (Derek Shook for Fox News Digital)

After the judge dismissed the case with prejudice, meaning prosecutors cannot charge Baldwin again, Morrissey spoke with the media outside the courthouse. 

"I'm disappointed because I believe that the importance of the evidence was misconstrued by the defense attorneys, but I have to respect the court's decision," she said.

The stunning blow to the prosecution team, which had been working on the case for more than three years, arrived after the state had called only seven witnesses. 

Rebecca Rosenberg is a veteran journalist and book author with a focus on crime and criminal justice. Email tips to This email address is being protected from spambots. You need JavaScript enabled to view it. and @ReRosenberg.

Authored by Rebecca Rosenberg via FoxNews July 13th 2024