FOR IMMEDIATE RELEASE 

Santa Fe, New Mexico – December 23, 2024

FJDA supports the Special Prosecutor’s withdrawal of the Notice of Intent to Appeal in State v. Baldwin

On December 23, 2024, Special Prosecutor Kari Morrissey withdrew the State’s notice of appeal filed on November 21, 2024, in the State of New Mexico v. Alexander Rae Baldwin. The appeal would have challenged the Court’s dismissal of criminal charges against Producer and Actor, Alec Baldwin which included involuntary manslaughter in the tragic shooting of Cinematographer, Halyna Hutchins on the set of Rust on October 21, 2021. 

The FJDA commends Morrissey for her work in prosecuting two cases of such magnitude and national attention, including the successful prosecution against Hannah Gutierrez Reed. The FJDA supports the Hutchins’ family and their continued fight for justice in civil court.

The dismissal of criminal charges against Baldwin has sparked debate about the legal process and accountability in the Rust incident in which a talented cinematographer lost her life, and director Joel Souza was injured. Halyna’s tragic death has prompted industry-wide scrutiny, specifically in New Mexico, of safety protocols, especially the use of firearms and live ammunition on set. Halyna’s family set up the Halyna Hutchins Foundation to advocate for safer practices in the industry, promoting safety education and honoring her legacy as a talented filmmaker. 

Despite its disagreement with the Court’s decision, the FJDA remains steadfast in its mission to uphold justice. There is still much work to be done in criminal court, and our office will continue to diligently prosecute cases with integrity, fairness, and commitment to the rule of law. 

Mary Carmack-Altwies

First Judicial District Attorney

FOR IMMEDIATE RELEASE 

Santa Fe, New Mexico – December 23, 2024

Special Prosecutor announces withdrawal of Notice of Intent to Appeal

Today, Special Prosecutor Kari Morrissey withdrew the State’s notice of appeal filed on November 21, 2024, in the State of New Mexico v. Alec Baldwin. 

The appeal challenged the Court’s dismissal of criminal charges against Alec Baldwin which included involuntary manslaughter in the death of Halyna Hutchins on the set of Rust on October 21, 2021. The State strongly disagrees with the decision of the court to dismiss the case against Mr. Baldwin and maintains that the evidence submitted to the Santa Fe County Sheriff’s office by Troy Teske was not material to the prosecution of Baldwin and was known to the defense prior to trial. 

The Special Prosecutor intended to pursue an appeal of the dismissal, however, the Office of the Attorney General notified the Special Prosecutor that the Attorney General did not intend to exhaustively pursue the appeal on behalf of the prosecution.  Under New Mexico law only the Attorney General is vested with the power to prosecute and defend criminal appeals in the higher courts.  As a result, the State’s efforts to continue to litigate the case in a fair and comprehensive manner have been met with multiple barriers that have compromised its ability to prosecute to the fullest extent of the law. 

The Special Prosecutor consulted with the victim’s family prior to withdrawing the Notice of Appeal.  Halyna Hutchins’ mother, father and sister oppose the withdrawal of the notice of appeal. 

Special Prosecutor Morrissey noted, “This has always been about seeking justice for Halyna Hutchins. We regret that Mr. Baldwin will not be held accountable for the role he played in the death of Halyna Hutchins and as we withdraw the appeal, we do so with the hope that the outstanding lawsuits bring some measure of justice to the family of Halyna Hutchins.” 

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