DISCOVERY TO THE DEFENDANT. THE STATE UNILATERALLY WITHHELD A SUPPLEMENTAL REPORT. SANTA FE COUNTY SHERIFF’S OFFICER MADE THE DECISION AND APPARENTLY ALSO WITH THE WITH THE PROSECUTOR IS PURSUANT TO HANCOCK’S TESTIMONY THAT THE EVIDENCE WAS OF NO EVIDENTIARY VALUE AND FAILED TO CONNECT THE EVIDENCE TO THE INSTANT CASE. THE AGENT WELL AS PURSUANT TO HANCOCK’S TESTIMONY, MISS MORRISSEY WAS AWARE OF THE NEW EVIDENCE AND YET DID NOT MAKE AN EFFORT TO DISCLOSE IT TO DEFENSE. THE STATE’S WILLFUL WITHHOLDING OF THIS INFORMATION WAS INTENTIONAL AND DELIBERATE. IF THIS CONDUCT DOES NOT RISE TO THE LEVEL OF BAD FAITH, IT CERTAINLY COMES SO NEAR TO BAD FAITH AS TO SHOW SIGNS OF SCORCHING PREJUDICE. WHEN DISCOVERY HAS BEEN PRODUCED, LATE PREJUDICE DOES NOT ACCRUE UNLESS THE EVIDENCE IS MATERIAL AND THE DISCLOSURE IS SO LATE THAT IT UNDERMINES THE DEFINITION. THE DEFENDANT’S PREPARATION FOR TRIAL. THE COURT CONCLUDES THAT THIS CONDUCT IS HIGHLY PREJUDICIAL TO THE DEFENDANT. THE JURY HAS BEEN SWORN. JEOPARDY HAS ATTACHED, AND THIS DISCLOSURE DURING THE COURSE OF TRIAL IS SO LATE THAT IT UNDERMINES THE DEFENDANT’S PREPARATION FOR TRIAL. THERE IS NO WAY FOR THE COURT TO RIGHT THIS WRONG. LESSER SANCTIONS UNDER HARPER, TRIAL COURTS POSSESS BROAD DISCRETIONARY AUTHORITY TO DECIDE WHAT SANCTION TO IMPOSE WHEN A DISCOVERY ORDER IS VIOLATED. STATE VERSUS LA MESA. THE SANCTION OF DISMISSAL IS THE ONLY WARRANTED REMEDY THE JURY HAS BEEN SWORN. JEOPARDY HAS ATTACHED, AND A MISTRIAL WOULD NOT BE BASED UPON MANIFEST NECESSITY. FURTHER, THE SANCTION OF DISMISSAL IS WARRANTED. IN THIS CASE, THE STATE HAS REPEATEDLY MADE REPRESENTATIONS TO DEFENSE AND TO THE COURT THAT THEY WERE COMPLIANT WITH ALL THEIR DISCOVERY OBLIGATIONS, DESPITE THEIR REPEATED REPRESENTATIONS, THEY HAVE CONTINUED TO FAIL TO DISCLOSE CRITICAL EVIDENCE TO THE DEFENDANT. BRADY AND HARPER ARE SATISFIED DISMISSAL WITH PREJUDICE IS WARRANTED. COURT ALSO HAS POWER, INHERENT POWER PER STATE VERSUS LA MESA, WHERE DISCOVERY VIOLATIONS INJECT NEEDLESS DELAY INTO THE PROCEEDINGS. COURTS MAY IMPOSE MEANINGFUL SANCTIONS TO EFFECTUATE THEIR INHERENT POWER AND PROMOTE EFFICIENT JUDICIAL ADMINISTRATION. THE STATE’S DISCOVERY VIOLATION HAS INJECTED A NEEDLESS, INCURABLE DELAY INTO THE INSTANT JURY TRIAL. DISMISSAL WITH PREJUDICE IS WARRANTED TO ENSURE THE INTEGRITY OF THE JUDICIAL SYSTEM AND THE EFFICIENT ADMINISTRATION OF JUSTICE. YOUR MOTION TO DISMISS WITH PREJUDICE IS GRANTED. NOW, WITH RESPECT TO THE JURY, I DON’T IMAGINE YOU ALL WANT TO RETURN ON MONDAY. I WILL TAKE CARE OF THE JURY. THANK YOU, YOUR HONOR. WE ARE IN RECESS. I’M GOING TO. ASK ME SOME JUDGE DISMISSAL. THANK YOU ALL FOR YOUR HELP. STAY WELL. OKAY. THANK YOU. ALL RIGHT, GUYS, WE’RE RECESS. ALL RIGHT, GET OUT OF THE COURTROOM. YOU’RE WATCHING LIVE IN THE COURTROOM THERE IN SANTA FE. A VERY EMOTIONAL ALEC BALDWIN IN WHAT IS A STUNNING DECISION BY JUDGE MARY MARLOWE. SOMMER RULING THAT BECAUSE THE STATE FAILED TO DISCLOSE CRITICAL INFORMATION TO THE DEFENSE, SHE DISMISSED WITHOUT PREJUDICE THE CASE AGAINST THE HOLLYWOOD ACTOR RELATED TO THE SHOOTING ON THE RUST MOVIE SET. BALDWIN WAS FACING CHARGES OF INVOLUNTARY MANSLAUGHTER. WE HAVE HAD REPORTERS ON THIS CASE ALL WEEK, INCLUDING OUR DOUG FERNANDEZ. WE GO LIVE TO SANTA FE NOW WITH DOUG AND OUR LEGAL EXPERT, JOHN DAY. DOUG. GOOD AFTERNOON. JOHN. AS WE JUST HEARD A SHORT TIME AGO, THE JUDGE SAYING DISMISSAL IS THE ONLY FAIR REMEDY IN THIS CASE. THIS CASE UNRAVELED AT SPECTACULARLY FAST WITH ALLEGATIONS OF PROSECUTORIAL MISCONDUCT, MISCONDUCT BY THE STATE AND ALEC BALDWIN. TONIGHT IS GOING TO BE A MAN UNBURDENED BY THESE CHARGES. IT’S AN INCREDIBLE DEVELOPMENT. I WAS JUST WATCHING ON YOUR PHONE ALONG WITH YOU AS I WAS STANDING BEFORE THE MICROPHONE, YOU SAID ALEC BALDWIN DROPPED HIS HEAD, KIND OF SHOOK HIS HEAD. YOU COULD SEE THE PEOPLE BEHIND HIM KIND OF CELEBRATING AS MUCH AS YOU CAN INSIDE OF A COURTROOM. OBVIOUSLY, RELIEF ON THE BALDWIN SIDE. YEAH, RELIEF ON BALDWIN’S SIDE. AND THIS RAISES SO MANY QUESTIONS ABOUT WHAT HAPPENED HERE. WHY DID THE STATE OF NEW MEXICO POURED HUNDREDS OF THOUSANDS OF DOLLARS INTO A PROSECUTION OF ALEC BALDWIN, ONLY TO END UP WITH THE JUDGE DISMISSING IT WITHOUT PREJUDICE, MEANING IT CANNOT BE REFILED. GAME OVER. ARE YOU SURPRISED BY THE WITHOUT PREJUDICE ADD ON? NOT AT ALL. THE JUDGE WAS ANGRY AT THE PROSECUTION. THE JUDGE WAS ANGRY AT THE WAY THIS WAS HANDLED. AND IN HER MIND, THIS IS THE ONLY WAY TO FIX A MISCARRIAGE OF JUSTICE. AND ONE OF THE LAST PEOPLE ON THE STAND, IF NOT THE LAST PERSON ON THE STAND, WAS CARRIE MORRISSEY. SURPRISED BY THAT MOVE? THE SPECIAL PROSECUTOR WAS TRYING TO SALVAGE HER CASE IN CASE THERE’S AN APPEAL, IN CASE SHE WANTS TO GO UP AND SAY THE JUDGE MADE THE WRONG CALL. SHE WAS TESTIFYING ON HER OWN BEHALF. OBVIOUSLY, IT DIDN’T DO ANY GOOD FOR THIS JUDGE, BUT IT JUST HIGHLIGHTS WHAT A PROBLEM THIS WHOLE CASE WAS AND HOW MANY MISTAKES WERE MADE. AND IT RAISES SOME REALLY SERIOUS QUESTIONS ABOUT ALL THE DECISIONS THAT WERE MADE TO PROSECUTE ALEC BALDWIN. OF COURSE, WE ALL WATCHED A LOT OF LEGAL TV SHOWS AND LEGAL MOVIES WITHOUT PREJUDICE CANNOT BE RETRIED. WHAT IF THEY FIND NEW EVIDENCE THAT WAS NOT PRESENTED AT THIS TRIAL? CAN THAT CHANGE ANYTHING OR NO, THIS CASE IS OVER. ALEC BALDWIN CAN GO HOME AND NOT WORRY ABOUT THIS ANYMORE. AND AND IT WAS A LONG HAUL FOR HIM. VERY EXPENSIVE HAUL FOR THE PEOPLE OF NEW MEXICO. AND AGAIN, THERE ARE GOING TO BE SO MANY QUESTIONS THAT STILL HAVE TO BE ANSWERED. AND ONE OF THE LAST THINGS THAT WAS STATED UP ON THE STAND OR LINDA JOHNSON, REMIND OUR VIEWERS WHO SHE IS, WHAT ROLE SHE PLAYED IN THE CASE AND WHAT SHE DID TODAY. LINDA JOHNSON VERY WELL RESPECTED FORMER PROSECUTOR, US ATTORNEY, ASSISTANT US ATTORNEY, CRIMINAL DEFENSE LAWYER. SHE APPARENTLY FOR WHATEVER REASON, TOOK HERSELF OFF THIS CASE, THIS MORNING. I THINK YOU CAN PROBABLY PROBABLY HAVE SOME IDEA THAT SHE MAY HAVE HAD SOME SENSE THAT THIS WAS A VERY THIS WAS LIKE BEING ON THE TITANIC WHEN IT WAS SINKING, AND SHE DID NOT WANT TO BE PART OF THAT. SO THE SECOND PROSECUTOR ON THIS CASE RESIGNED, AND WE HAVEN’T HEARD WHY, BUT SHE MAY HAVE SEEN THE WRITING ON THE WALL A LOT OF LA