‘Rust’ prosecutor asks judge to reconsider dismissal of Alec Baldwin’s criminal case

New Mexico prosecutor Kari T. Morrissey has asked the judge to reconsider dismissing criminal charges against actor Alec Baldwin.

In court documents filed Wednesday and obtained by NBC News, Morrissey said the grounds for dismissing Baldwin’s case in July were irrelevant.

NBC News has reached out to Baldwin’s legal team for comment.

Baldwin was on trial earlier this summer in the death of cinematographer Halyna Hutchins, who was fatally shot on the “Rust” movie set in 2021.

Baldwin, who was holding the gun that fired the deadly live round of ammunition, was charged with one count of involuntary manslaughter.

Baldwin has repeatedly denied pulling the trigger. The film’s armorer, Hannah Gutierrez-Reed, was also charged with involuntary manslaughter and found guilty last spring. She’s serving an 18-month prison sentence that is under appeal.

In a shocking twist at Baldwin’s trial, Judge Mary Marlowe Sommer determined that evidence had been suppressed by the prosecution, and she dismissed the trial on its third day.

“There is no way for the court to right this wrong,” Sommer said at the time. “The sanction of dismissal is the only warranted remedy.”

Her decision centered on live ammunition that had been turned over to the New Mexico sheriff’s office during Reed’s trial by Troy Teske, a friend of Reed’s stepfather.

During the trial, it was revealed that authorities, with Morrissey’s permission, filed the ammunition under a different case number and failed to notify Baldwin’s attorneys.

Morrissey tried to reassure the judge that there had been no malfeasance by the prosecution and even called herself as a witness. But it was too late, and co-prosecutor Erlinda O. Johnson resigned.

Sommer dismissed the charge against Baldwin with prejudice, meaning the involuntary manslaughter case against the actor cannot be filed again.

But in Morrissey’s latest court filing, she states that the mishandling of the live ammunition was not a “cover-up.”

“Nothing about the details of how the live rounds were introduced to the set is relevant or material to the charges against Mr. Baldwin,” Morrissey wrote in the court document.

“Human beings make mistakes — it does not mean they are lying or that they intentionally buried evidence as claimed by the defense.”

At the time of the dismissal, Johnson said outside the courthouse that she did not believe the live ammunition was intentionally suppressed.