The judge in the “Rust” cases has denied the prosecutor’s bid to revive the manslaughter charge against Alec Baldwin.
In a brief ruling issued Thursday afternoon, Judge Mary Marlowe Sommer refused to consider the state’s motion because it exceeds the 10-page limit.
Kari Morrissey, the special prosecutor on the case, had argued that the judge erred when she dismissed the case with prejudice during Baldwin’s trial in July.
The actor was accused of negligently pointing a gun at “Rust” cinematographer Halyna Hutchins and pulling the trigger during prep for a scene.
Marlowe Sommer dismissed the case after finding that the state deliberately withheld a cache of bullets from the defense, which the defense could have used to challenge the thoroughness of the sheriff’s investigation.
In a 52-page motion filed Aug. 30, Morrissey argued that the bullets had no relevance to the case and that they did not undermine Baldwin’s guilt. Morrissey also indicated that the state may appeal the judge’s dismissal to a higher court.
The judge did not rule on the substance of Morrissey’s motion. Instead, she found that it violated the court’s procedural rules about page length. The court noted that the motion also came with 387 pages of exhibits.
“Given the procedural posture of the case, the Court must enforce the local rule to regulate the Court’s docket and promote judicial efficiency,” the judge wrote.
It is possible that Morrissey could resubmit a 10-page version of the motion.
During pre-trial litigation, Baldwin’s defense team filed a 32-page motion objecting to the state’s failure to turn over evidence, which was rejected due to excessive length. The defense later split it into two motions of 10 pages each. Each was denied.
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