Why did prosecutors drop charges against Alec Baldwin?
Attorney Mercedes Colwin tells ‘The Story with Martha MacCallum’ the prosecution should examine the gun that went off when Alec Baldwin allegedly shot a ‘Rust’ crew member to death.
Prosecutors are expected to try and convince a judge during a hearing Tuesday not to throw out an involuntary manslaughter charge against "Rust" armorer Hannah Gutierrez-Reed, who stands accused of passing off a "small bag of cocaine" on the day cinematographer Halyna Hutchins was shot and killed.
During the online hearing, prosecutors are expected to tell the judge they have a witness, whose identity has not been disclosed, that can testify Gutierrez-Reed handed them the drug. Defense attorneys for Hannah Gutierrez-Reed are expected to try and get the drug count dismissed entirely.
Special prosecutors Kari Morrissey and Jason Lewis claimed Gutierrez-Reed's alleged transfer of the cocaine was an attempt to avoid collection of evidence "directly related" to the handling of the firearm that was used in the shooting Oct. 21, 2021.
Gutierrez-Reed worked as the armorer on the set of "Rust" when the gun actor Alec Baldwin was holding fired, killing Hutchins.
ALEC BALDWIN'S ‘RUST’ ARMORER CHARGED AFTER ALLEGEDLY PASSING DRUGS OFF ON DAY OF FATAL SHOOTING
Hannah Gutierrez-Reed's lawyers argued for the charges to be dropped. (AP Photo/Jae C. Hong | Instagram)
In June, prosecutors filed a motion to protect a witness and included new details about the investigation. In a statement to Fox News Digital, Gutierrez-Reed's lawyer Jason Bowles questioned the timing of the new witness.
"A secret witness appears 20 months later? With no actual corroboration or evidence? And the state won’t identify the person? This is a throwback to the secret, star chamber prosecutions in England in the 15th century that were abolished," he stated. "Like everything else with the state’s case and investigation, it’s full of sound and fury, but signifying nothing."
Bowles also previously slammed the drug allegation as "retaliatory and vindictive."
"Something is rotten in Denmark," he told Fox News Digital in a statement. "It is shocking that after 20 months of investigation, the special prosecutor now throws in a completely new charge against Ms. Gutierrez-Reed, with no prior notice or any witness statements, lab reports or evidence to support it.
"This comes on the heels of the state letting its lead investigator go, and the investigator raising serious concerns about the investigation in an email," he added. "This stinks to high heaven and is retaliatory and vindictive."
Hannah Gutierrez-Reed appears virtually for a court hearing. (Courtesy of the New Mexico Administrative Office of the Courts)
Gutierrez-Reed's new charges come after Baldwin's involuntary manslaughter charges were dropped.
Special prosecutors announced the decision in April as "new facts" had been revealed that required further investigation. In their motion to dismiss, prosecutors noted the required investigation and forensic analysis couldn't be completed before Baldwin's preliminary hearing, which was scheduled for May 3.
WATCH: ATTORNEY ON ALEC BALDWIN CHARGES BEING DROPPED: THIS IS JUSTICE FOR EVERYBODY
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Alec Baldwin pictured on the original set of "Rust" in New Mexico. (Santa Fe County Sheriff's Department)
The case is now closed in the First Judicial District Court of New Mexico, but Baldwin could potentially still face new charges.
Baldwin also still faces a handful of lawsuits, including one brought by "Rust" script supervisor Mamie Mitchell and another by Hutchins' mother, father and sister. The plaintiffs are represented by attorney Gloria Allred.
"Mr. Baldwin should know that we remain committed to fighting and winning for our clients and holding him accountable for pointing a loaded gun at Halyna Hutchins, pulling the trigger and killing her," Allred said in a statement. "Mr. Baldwin may pretend that he is not responsible for pulling the trigger and ejecting a live bullet which ended Halyna’s life.
Alec Baldwin on the "Rust" set holding a rifle by the barrel after criminal charges for a fatal shooting were dropped. (Reuters)
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"He can run to Montana and pretend that he is just an actor in a wild west movie but, in real life, he cannot escape from the fact that he had a major role in a tragedy which had real life consequences for Halyna, her mother, father, sister and co-worker."
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