Cashing in On Death? Alec Baldwin Could Sue Authorities in ‘Open and Shut’ Case After Botched ‘Rust’ Prosecution
Baldwin was sued by crew member Serge Svetnoy for alleged negligence, assault, and emotional distress.
July 19 2024, Published 8:02 p.m. ET
Now that a New Mexico judge has dismissed the involuntary manslaughter case against Alec Baldwin, the 30 Rock star could sue authorities over the botched Rust prosecution, RadarOnline.com can reveal.
Judge Mary Marlowe Sommer found state prosecutors "highly culpable" for failing to disclose a batch of bullets to the defense team.
Baldwin was charged with involuntary manslaughter over the death of cinematographer Halyna Hutchins.
Under three separate laws — the New Mexico Civil Rights Act, the state Tort Claims Act and the the federal Civil Rights Act of 1871 — Baldwin could file a civil lawsuit against the Santa Fe County Sheriff's Office.
On the actor being able to sue authorities, Albuquerque attorney Taylor Smith said: "This is open and shut in my mind. I would love to take this case."
A New Mexico judge dismissed the case against Baldwin over evidence being withheld from the defense team.
Baldwin's lawyers signaled this week that a civil suit could be filed in the near future, according to Variety.
On Monday, the actor's attorney, Alex Spiro, sent a letter to Santa Fe County Sheriff Adan Mendoza and special prosecutor Kari Morrissey, in which he warned the officials to preserve evidence for "the potential for future litigation based on your actions in connection with Mr. Baldwin’s prosecution".
A negligence lawsuit against Alec Baldwin over the 'Rust' shooting has been ordered to resume.
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As previously reported, Baldwin's defense team revealed on Friday that crime scene investigators received a batch of bullets connected to the case on March 6, but logged them under a different case number, effectively keeping them away from the defense.
According to witness testimony, two other Sheriff's Office employees, as well as the special prosecutor, had discussions about what to do with the evidence. Morrissey testified under oath that she was unaware the batch of bullets would be withheld from the defense.
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The criminal charges against Baldwin were dropped on July 12.
Ultimately, Judge Sommer ruled the state had violated protections under Brady v. Maryland, which requires the state to provide evidence to the defense. The case was dismissed "with prejudice", thus it cannot be refiled.
While prosecutors are generally immune from civil lawsuits, they can still face disciplinary complaints — and police agencies can be sued for civil rights violations and negligent acts, according to the outlet.
While the judge's ruling would be beneficial to Baldwin's civil lawsuit, if he chooses to proceed forward with one, the actor's lawyers would still be on the hook to prove to a civil jury the withheld evidence would have been crucial in aiding his defense.