Another killer will walk. Predictably this judge could not dismiss the case with prejudice fast enough.
"SANTA FE — The criminal case against actor Alec Baldwin imploded in spectacular fashion Friday when a judge threw out the involuntary manslaughter charge after finding that prosecutors had withheld evidence.
District Judge Mary Marlowe Sommer ruled on the third day of testimony that "dismissal with prejudice is warranted" because prosecutors failed to turn over live ammunition turned over in March to the Santa Fe Sheriff's Office. The case will not be refiled.
Baldwin, his attorneys and family members walked out of the Santa Fe District Courthouse without commenting to the throngs of reporters and camera crews asking for his response to the dismissal.
The Baldwin trial took a wild turn Friday morning when defense attorneys demanded that prosecutors produce ammunition that a "good Samaritan" turned over in March to the Santa Fe Sheriff's Office.
His attorneys also asked state District Judge Mary Marlowe Sommer to dismiss the case against Baldwin, alleging that prosecutors and investigators "hid" critical evidence from the defense.
The dramatic turn of events brought the trial to a crashing halt as Marlowe Sommer considers the defense motion to dismiss the case. The judge dismissed the jury about 10:15 a.m. and told them to return Monday. At 4:30 p.m. she made the jury's dismissal permanent.
"Dismissal with prejudice is a very extreme thing," Marlowe Sommer said before granting it.
"The defendant must show that the prosecution suppressed evidence, the evidence was favorable to the accused and the evidence was material to the defense," the judge said.
Marlowe Sommer found that Baldwin's legal team met all three prongs of a Brady violation, which allows a judge to dismiss all charges against defendant.
The surprise ending to the high-profile trial may have exceeded anything a Hollywood scriptwriter could have written. It included the lead special prosecutor Kari Morrissey testifying in the witness stand while being cross examined by a defense attorney.
The hour-long hearing involved an unusual scene in which the judge donned blue latex gloves and came down from her bench to examine about a dozen live rounds as attorneys and a crime scene investigator gathered around."
Judge tosses criminal charge against Baldwin | News | abqjournal.com