(NewsNation) – Erlinda Johnson, the special prosecutor in Alec Baldwin’s “Rust” trial who unexpectedly dropped the case on Friday, claims Baldwin’s “play” with a gun on set “could be potentially reckless.”
“Based on my assessment, the evidence that I had access to and that I saw when I came into this case was that there were several clips from the filming on set that showed that Mr. Baldwin unfortunately engaged in some play with this gun,” Johnson exclusively alleged. during a Friday night appearance on the show “CUOMO.” “These are real weapons. You don’t do that with real guns.”
Baldwin’s defense attorneys said in court Friday that prosecutors withheld information about a good Samaritan who brought ammunition to authorities following the trial of gunsmith “Rust” Hannah Gutierrez-Reed. They say this was exculpatory evidence that could have linked the film’s weapons supplier, Seth Kenney, to the live ammunition found on the set.
Johnson clarified his reason for quitting, saying, “I left because I learned about this evidence when the public learned about it yesterday, late in the afternoon.”
She continues, “I was unaware that this individual had taken this ammunition to the sheriff’s department and provided it to the deputies. … We have an obligation as prosecutors. Not just towards the people, but towards the defendant. … We have an obligation as prosecutors. It’s not up to you to decide what the defense will be.”
Leaving aside the State’s handling of the evidence, Johnson says of Mr. Baldwin’s definite actions: “To me there is no doubt that Mr. Baldwin did not intend to do this. But the question: ‘Was there wanton recklessness?’ That’s why I believed in the case.”
Following Johnson’s resignation, a judge dismissed the wrongful death case against Baldwin, who was facing charges related to the death of “Rust” director of photography Halyna Hutchins on the film’s set in 2021. He was seen crying in his chair at the court after dismissal. .
Prosecutor Kari Morrissey took the stand in her own defense Friday and later announced that Johnson unexpectedly resigned over a disagreement over making the motion hearing public.
Chris Cuomo called Johnson’s decision to close the case “a brave thing to do.”
Defense attorney Mark Geragos, who joined “CUOMO” to discuss the case, said Morrissey “should be removed.”
“How outrageous was that other prosecutor (Morrissey)? … I’ve never seen anything like it,” Geragos said.
Jurors in the actor’s trial were sent home over the weekend as the prosecution and defense argued over whether to dismiss the case.
During a rehearsal for the film “Rust,” Baldwin was using a gun intended to be loaded with fake bullets whenallegedly pointed at the cameraand fired, killing Hutchins and injuring director Joel Souza.
Although the actor claimed that he did not pull the trigger on the gun and that it went off accidentally, FBI analysts disputed this when examining the gun.
Kenney has not been charged with any wrongdoing, and police and prosecutors have said there is no evidence he played any role in the live ammunition on the set of “Rust.” Although the defense said they did not know whether the evidence was a live ammunition match, they argued that “the state had it and it is disclosable.”
“If this evidence wasn’t as important as we say it was, they would have turned it over,” said defense attorney Luke Nikas.
Morrissey, however, maintained that “there was no breach of our obligation” on behalf of the State. The prosecution said the ammunition was not linked to the case and was not hidden.
Gutierrez-Reed, responsible for monitoring the weapons used in the film, was convicted of manslaughter earlier this year and sentenced to 18 months in prison.
Prosecutors alleged that Gutierrez-Reed was negligent in failing to realize that the real bullets had been mixed with a box of fake bullets. Gutierrez-Reed’s lawyers, meanwhile, say she was used as a scapegoat by others who worked on the film. Producers failed to keep the set safe and did not hold enough safety meetings, his defense lawyers said.
There has yet to be a definitive determination on how the live rounds made it onto the set. But prosecutors said photos found on Gutierrez-Reed’s cellphone point to her being responsible.
The Associated Press contributed to this report.
This story originally appeared on thehill.com read the full story