Might Alec Baldwin Be Re-Tried? Yes! SHOULD he be? YES!!

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On July 12 of this year the manslaughter prosecution of Alec Baldwin over the shooting death of cinematographer Halyna Hutchins on the movie set of “Rust” was dismissed with prejudice by trial Judge Mary Marlowe Sommer. The “prejudice” part of that means that the prosecution is prohibited from re-trying Baldwin on these manslaughter charges.

Last week special prosecutor Kari Morrissey filed a motion to reconsider this dismissal with prejudice with Judge Sommer—and that’s what we’ll be taking a look at in today’s show.

The basis for the dismissal with prejudice was a purported Brady violation by the prosecution. Brady is a US Supreme Court case that requires the prosecution to turn over exculpatory evidence to the defense.

My immediate objection to this particular dismissal with prejudice on the basis of this purported Brady violation premised on this “Thell Reed” ammo was that the particular source of the live round is immaterial to the manslaughter charge against Baldwin.

In other words, where the Baldwin live round came from—whether from Gutierrez’ father Thell Reed or from props supplier Seth Kenney or from a local Walmart was entirely irrelevant to the theory of Baldwin’s criminal liability for manslaughter.

With that context, let’s dive into today’s show.

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