A New Mexico prosecutor on Wednesday asked a judge to reconsider her decision to dismiss a criminal charge against the actor Alec Baldwin after a fatal shooting on the set of his film Rust in 2021, according to court documents. Judge Mary Marlowe Sommer threw out Baldwin’s involuntary manslaughter charge in July after she ruled that prosecutors and law enforcement withheld evidence potentially crucial to the defense’s case. In her new filing, however, Kari T. Morrissey argued that the grounds for dismissing the charge were irrelevant, saying that the evidence—live ammunition brought to law enforcement this year—had not been intentionally buried. “No one on the prosecution team... ever intentionally kept evidence from the defendant, it simply didn’t occur to the prosecution that the rounds were relevant to the case even if they were the same or similar to the live rounds found on the set of ‘Rust,’” she wrote, according to the Associated Press. Baldwin’s charge was dismissed by Sommer with prejudice, meaning it can’t be brought back to court after the appeals process is exhausted.
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