Rich Schoenstein Comments on New Development in the Alec Baldwin Shooting Case

>> Welcome back, folks. A surprise development in the Rust movie shooting case involving Alec Baldwin. >> After the judge tossed the case July the prosecutor who oversaw it is now asking the judge to reconsider that dismissal. You remember the trial was underway in New Mexico this summer Baldwin face involuntary manslaughter charges in the 2021 shooting death of cinematographer Halyna Hutchins during trial. It was determined the state withheld evidence that could have revealed how live rounds got onto the set. The judge then dismissed the case. But a newly filed court papers, special prosecutor Kerry team or Cru the judge should reverse that decision claiming the evidence in question is a relevant to whether Baldwin was criminally responsible for pointing the gun on set that day. Joining me now is trial attorney and partner at Harder Krinsky and Drogon law firm rich showing Steen rich. So good to have you is the special prosecutor's argument year valid and what are the grounds on which they're trying to bring back the case? Well, I think this motion is doomed to failure. I think its box office poison. >> Her argument is that the evidence didn't matter that the evidence was irrelevant. But the reason the judge threw the case out is because the judge found that the prosecutor purposefully withheld ammunition evidence in the case and actually filed it under the incorrect case. Numbers show the defense counsel never had access to it. judge was deeply offended by that conduct really took it out on them at the trial and dismissed the case. I think there's virtually no chance to change your opinion about that. >> You mentioned the judge dismissing this case and dismissed with prejudice. Many it cannot be refiled. So is it even possible for the judge to reverse her decision? What would that look like? >> Yeah, that's a really good question. And I don't know the answer to that because it's such a novel legal question. The judge dismissed the case after issue had been joined with chains after a jury has been selected and sworn in to hear the case. And ordinarily when a case is dismissed any time after the jury has been sworn in, you can't bring the prosecution knew because of double jeopardy. Ordinarily you can't appeal that kind of decision. Ordinarily you can't get reconsideration. So I expect kind of a vigorous argument that the relief the prosecutor is seeking isn't even available. All let alone meritorious >> its case was dramatically dismiss made trials. Some of our audience members may remember seeing this all play out. The special prosecutor even calling herself as a witness. How uncommon is what happened here with this case? >> I've never seen. I've never seen a trial and the way this trial and it was crazy. The process, the first of all, the judge came down off of the bench to look at the evidence. Remember, she put on rubber gloves so she could go through the bullet yourself and look at them. And then the prosecutor called herself as a witness. I'm still baffled by that decision. She didn't advance or cause at all. Probably only heard her It was all highly unusual. >> Which you mentioned the likelihood of this judge reconsidering is very low. But what happens if the judge chooses not to reconsider her decision? Does the state have any more legal avenues it can take to get the case? Pick back up. What would that look like? >> Well, that's what I mentioned before. I think the state would try to appeal it. But ordinarily the state doesn't get to appeal a loss at trial. The state can appeal if the case is dismissed before trial. If the indictment is just missed, something like that. But the state doesn't get to appeal a jury verdict and I'm sure the defense would argue in this case that there's no ballot appeal. If the trial judge stands by her decision, a trial to dismiss the case. Trial attorney with showing Steen. Rich, thank you so much for your time and helping us break all this down. We appreciate.