A NEW MEXICO judge has dismissed an involuntary manslaughter case against Alec Baldwin in the middle of the actor’s trial and said it cannot be filed again.

Judge Mary Marlowe Sommer dismissed the case with prejudice based on the misconduct of police and prosecutors over the withholding of evidence from the defence after the shooting of cinematographer Halyna Hutchins on the set of the film Rust.

Baldwin cried, hugged his two lawyers, gestured to the front of the court, then turned to hug his crying wife Hilaria. He climbed into a car outside the Santa Fe courthouse without speaking to media.

Baldwin, 66, could have been sentenced to 18 months in prison if convicted.

“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,” Judge Marlowe Sommer said. “If this conduct does not rise to the level of bad faith it certainly comes so near to bad faith to show signs of scorching.”

She put a pause on the trial earlier on Friday while she considered the defence motion to dismiss the case over the evidence.

The defence argued that prosecutors hid evidence from them about the ammunition that may be related to the shooting on the set of the Western in 2021. The defence said they should have had the ability to determine its importance.

The prosecution said that the ammunition was not connected to the case and was not hidden.

The issue emerged on Thursday on the second day of the actor’s trial during defence questioning of sheriff’s crime scene technician Marissa Poppell.

Baldwin lawyer Alex Spiro asked whether a “good Samaritan” had come into the sheriff’s office with the ammunition earlier this year after the trial of Hannah Gutierrez-Reed, the film’s armourer, for her role in Hutchins’ death.

She was sentenced to 18 months in prison on an involuntary manslaughter conviction, which she is now appealing against.