Alec Baldwin’s Lawyers Slam “Rust” Prosecutor’s 'Egregious' Request to Have Judge Reconsider Her Decision to Dismiss the Case

Seven weeks after a judge dismissed the involuntary manslaughter case against Baldwin, prosecutor Kari T. Morrissey asked the court to reevaluate the decision

<p>Jean Catuffe/GC Images; Ramsay de Give-Pool/Getty; Ramsay de Give-Pool/Getty</p> Alec Baldwin, Judge Mary Marlowe Sommer and Kari T. Morrissey.

Jean Catuffe/GC Images; Ramsay de Give-Pool/Getty; Ramsay de Give-Pool/Getty

Alec Baldwin, Judge Mary Marlowe Sommer and Kari T. Morrissey.

Alec Baldwin’s legal team slammed an Aug. 30 motion filed by prosecutor Kari T. Morrissey, who is seeking to revive the involuntary manslaughter case against the actor, which was dismissed with prejudice by New Mexico judge Mary Marlowe Sommer in July.

In court documents filed Friday, Sept. 20, and obtained by PEOPLE, lawyers for Baldwin — who was holding a prop gun on the set of the Western movie Rust in 2021 when it discharged, accidentally killing cinematographer Halyna Hutchins and injuring director Joel Souza — said Morrissey has “continued abuse of the judicial process.”

"She repeatedly violated the State's disclosure obligations, buried evidence, lied about it at trial, and then lied about her reasons for lying about it," Baldwin's legal team continued. "Not only has the State failed to present any new information to warrant reconsideration, but the new information that has emerged since trial only underscores the strength and necessity of the Court's judgment."

"The Court should 'ensure the integrity of the judicial system and the efficient administration of justice' by striking and denying the State's motions," Baldwin's attorneys added.

Related: How Rust Prosecutors’ Case Against Alec Baldwin Fell Apart in Stunning Fashion: ‘What Have They Done?’ (Exclusive)

His attorneys argued that the court should strike the state's defective motion and the state's motion for reconsideration should be denied, claiming the state's misconduct was "egregious" and the case law supports the dismissal.

They summarized the response by writing: "The court should deny the State's Amended Motion, or in the alternative, strike the Amended Motion as untimely and award Baldwin attorneys' fees.

Baldwin, who insisted he didn’t pull the trigger or know why the gun accidentally contained live ammunition, was indicted by a grand jury in January, and stood trial for involuntary manslaughter in July.

But in a dramatic twist on the third day of the proceedings, Sommer dismissed the case with prejudice after hearing arguments that the prosecutors, including Morrissey, withheld evidence from the defense team.

<p>Ross D. Franklin - Pool/Getty</p> Alec Baldwin in court on July 10.

Ross D. Franklin - Pool/Getty

Alec Baldwin in court on July 10.

Baldwin attorney Luke Nikas claimed a man named Troy Teske — a friend of Thell Reed, the father of Rust armorer Hannah Gutierrez-Reed, who was found guilty of involuntary manslaughter in March for accidentally loading a live round into the gun — had turned over ammunition to authorities he thought was connected to the case.

That afternoon, Morrissey called herself to testify under oath and explained to the court why she didn’t think the ammunition handed over was considered Rust evidence. But Sommer ultimately agreed with the defense.

<p>RAMSAY DE GIVE/POOL/AFP via Getty</p> Kari T. Morrissey in court on July 11.

RAMSAY DE GIVE/POOL/AFP via Getty

Kari T. Morrissey in court on July 11.

Related: Rust Director Shot by Alec Baldwin Says ‘I Don’t Know’ If Justice Was Served After Actor’s Case Was Dismissed

“The late discovery of this evidence during trial has impeded the effective use of evidence in such a way that it has impacted the fundamental fairness of the proceedings,” Sommer said in court July 12 as she announced her decision.

Baldwin, who faced 18 months in prison if convicted, cried in court upon hearing the news.

<p>Santa Fe County Sheriff's Office/ZUMA Press Wire Service/Shutterstock </p> Alec Baldwin on the set of 'Rust'

Santa Fe County Sheriff's Office/ZUMA Press Wire Service/Shutterstock

Alec Baldwin on the set of 'Rust'

In her Aug. 30 motion, Morrissey objected to Sommer’s ruling and asked the judge to reconsider. “The State asserts that there were insufficient facts to support the Court’s ruling and there was no violation of the Defendant’s due process rights,” she wrote.

Sommer denied Morrissey's motion on Sept. 5 because it exceeded the court-ordered page limit. Morrissey filed an amended motion later that day.

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