Alec Baldwin filed a civil lawsuit for malicious prosecution, defamation, and other civil rights claims after his criminal trial was dismissed in July 2024. Baldwin alleges that prosecutor Kari Morrissey, Santa Fe District Attorney Mary Carmack-Altwies, and three other investigators had sought to scapegoat Baldwin for Halyna Hutchins’ death. Hutchins died during filming of the movie “Rust” in October 2021 on a film ranch in Santa Fe, New Mexico.
Baldwin, a co-producer and lead actor, pointed a pistol at Hutchins when it discharged, killing her. Baldwin has said he pulled back the hammer, but not the trigger, and the gun fired.
Baldwin’s trial came to a dramatic close when it was revealed that ammunition was brought into the Santa Fe County sheriff’s office. Prosecutors believed that the bullets brought in were unrelated and important to the case. However, the evidence was placed in a separate case folder and never given to Baldwin’s lawyers. Prosecutor Morrissey called herself as a witness to testify that the bullets were not relevant, though the judge dismissed the case anyway.
Armorer Hannah Gutierrez-Reed was found guilty of involuntary manslaughter in a separate trial for loading the prop gun with real bullets. Gutierrez-Reed was sentenced to 18 months in prison.
Hutchins’ parents and younger sister have sued Baldwin and other producers of “Rust.” Hutchins’ widower and son have settled their lawsuit.
Malicious prosecution is the wrongful initiation of criminal or civil legal proceedings against a person without probable cause with the intention to harass that person. Notably, malicious prosecution in many jurisdictions requires actual malice. Mere negligence or incompetence cannot be a basis for malicious prosecution.
Baldwin may have an uphill battle in proving malicious prosecution. Probable cause is the reasonable grounds to believe that a defendant has committed a crime. Baldwin was literally holding the “smoking gun” that killed Hutchins. While Baldwin may have believed it was a prop gun, an objective outsider could look at that and determine there was probable cause to move forward with a prosecution.
Morrissey knew that the withheld bullets existed is evidence of malice. However, it’s arguable that Morrissey really is just too incompetent to know that the defense gets to examine evidence regardless of whether the prosecution believes evidence is irrelevant.
Baldwin also alleges that the prosecution was pursued due to political bias. Baldwin has imitated Donald Trump in unflattering portrayals on the show Saturday Night Live. However, New Mexico is a Democratic party stronghold, and there is no evidence that Morrissey has coordinated with anyone outside the investigation.
Prosecutors can make mistakes like anyone else. Prosecutors can be negligent and incompetent like any other human beings. That’s why it is essential to have a criminal defense lawyer, to ensure that prosecutors don’t negligently imprison the wrong people. However, none of this rises to the level of malicious prosecution when the cause of a young woman’s death needs to be investigated.
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