Prosecutor who resigned from Alec Baldwin 'Rust' case says she wanted dismissal

Special prosecutor Erlinda Ocampo Johnson resigned from the involuntary manslaughter case against Alec Baldwin on Friday, believing the case should have been voluntarily dismissed by the state. Later that day, Judge Mary Marlowe Sommer dismissed the case against Baldwin "with prejudice," meaning the charges cannot be refiled against the actor. Ocampo Johnson felt strongly that the dismissal was the appropriate course of action due to procedural issues that had arisen.

Background of the Case

Baldwin, 66, was facing an involuntary manslaughter charge for the accidental shooting death of cinematographer Halyna Hutchins in 2021 on the New Mexico set of the movie "Rust," where Baldwin was holding a revolver intended to be used as a prop. During a rehearsal, the gun discharged, killing Hutchins and injuring director Joel Souza. The incident raised serious questions about safety protocols on the set and who was ultimately responsible for ensuring that the gun was not loaded with live ammunition.

Conviction of Hannah Gutierrez-Reed

"Rust" armorer Hannah Gutierrez-Reed, who was responsible for the firearms on set, was convicted in March of involuntary manslaughter in the shooting and sentenced to 18 months in prison. Prosecutors argued that she failed to follow proper safety protocols, contributing to the tragic incident. Her conviction was seen as part of a broader effort to address accountability and safety in the film industry.

Discovery of Evidence Issues

Ocampo Johnson, who had delivered an opening statement accusing Baldwin of recklessness, said she realized the prosecution's case was in trouble on Friday when she discovered that some rounds had not been turned over to the defense. This failure to disclose critical evidence was a significant procedural error. "It was clear that it was something that should have been turned over," Ocampo Johnson told NBC News Friday night. The rounds in question were discovered to have been delivered to the Santa Fe County Sheriff’s Office by Troy Teske, a former police officer and friend of Gutierrez-Reed’s stepfather.

Differences in Opinion

Her fellow special prosecutor, Kari Morrissey, said in court that Ocampo Johnson resigned in part because she "didn’t agree with the decision to have a public hearing." Ocampo Johnson clarified that she didn’t think a hearing should have been held at all, believing instead that the evidence issues warranted an immediate dismissal of the case. "I believed that the right decision would have been a dismissal," Ocampo Johnson said.

When asked if there was push-back to that recommendation, Ocampo Johnson said: "I wouldn’t say ‘push-back,’ it was ‘go forward with the case.’" This disagreement highlighted the internal conflict within the prosecution team regarding how to handle the case.

Defense Motion to Dismiss

Baldwin’s attorneys seized upon the revelation about the undisclosed rounds, arguing that the prosecution's failure to share this evidence undermined the integrity of the case. They filed a motion to dismiss, which Judge Sommer ultimately granted. Morrissey contended that the disputed ammunition was not linked to the case or hidden from Baldwin’s lawyers. "There is no reason to believe that the evidence that we discussed in court today was related to the set of ‘Rust,’” Morrissey said after the case was dismissed. She added that while she disagreed with the judge’s decision, she respected it.

Belief in the Case against Baldwin

Ocampo Johnson maintained that she believed in the criminal case against Baldwin, despite the procedural setbacks. She was prepared to present evidence showing that Baldwin had not handled the firearm according to industry standards in the days leading up to the shooting. Surveillance footage allegedly demonstrated improper handling of the weapon, which could have supported the charge of recklessness. Ocampo Johnson emphasized that Baldwin should have adhered to industry guidelines, which dictate never pointing firearms at people and always treating them as if they are loaded. "I believed in the case," she said. "Because I do believe — obviously there’s a woman who was killed. There was some reckless behavior on the set."

Importance of Evidence Disclosure

Ocampo Johnson stressed the critical importance of evidence disclosure in ensuring a fair trial. She noted that it is the responsibility of defense attorneys, not prosecutors, to decide if evidence is relevant to their defense. She expressed that she did not believe any evidence was intentionally withheld but acknowledged that it was a significant oversight. "I don’t think it was intentional. I really do not believe that," she said. "I think it was just something that — it wasn’t turned over, and it should have been."

Impact on Gutierrez-Reed's Case

Following the dismissal of Baldwin's case, Hannah Gutierrez-Reed’s attorney, Jason Bowles, announced plans to seek her immediate release, arguing that the same procedural issues should apply to her case. Ocampo Johnson, not involved in Gutierrez-Reed’s prosecution, could not comment specifically on how Baldwin’s case might affect her defense. However, she expressed skepticism that the undisclosed ammunition would significantly impact the conviction of Gutierrez-Reed. "I don’t think it should impact her case, but it certainly should have been turned over in this case," Ocampo Johnson said.

The Baldwin case dismissal and the subsequent developments have underscored the complexities and challenges in pursuing justice in incidents involving firearms on film sets, raising ongoing concerns about safety and accountability in the industry.