Alec Baldwin‘s legal troubles aren’t over yet.
The prosecutor in the “Rust” cases has filed a notice of appeal, seeking to overturn a judge’s decision to throw out his manslaughter charge.
The one-page filing did not articulate the grounds for the appeal, but prosecutor Kari Morrissey has previously argued that the judge was misled and confused by Baldwin’s defense team. The filing was submitted to the court last Thursday, and made public Tuesday morning.
Baldwin went on trial in Santa Fe, N.M., in July, on the allegation that he was criminally negligent when he pointed a gun at cinematographer Halyna Hutchins and pulled the trigger.
Judge Mary Marlowe Sommer threw out the case with prejudice on the third day of the trial, after learning that the prosecution had failed to turn over a cache of bullets to the defense. The judge affirmed her ruling in October, rejecting the prosecutor’s argument that the bullets were irrelevant to the case.
Baldwin’s defense is expected to argue that the prosecution has no right to appeal. Marlowe Sommer found that Baldwin was in “jeopardy” once the trial began, and that therefore the prosecution could not refile the charge.
The next step for the prosecutor would be to file a docketing statement with the Court of Appeals, indicating the questions to be decided. That must be done within 30 days.
“Rust” premiered last Wednesday at the Camerimage Festival in Toruń, Poland, though Baldwin was not in attendance. Director Joel Souza, who was wounded in the shooting, said at the festival that it was important to finish the film to pay tribute to Hutchins’ work.
In an interview with Variety at Torino Film Festival, Baldwin said he doesn’t want to see the film’s final cut, but hopes it gets released so that Hutchins’ family can benefit from the money made. “This is obviously the most difficult thing I’ve ever dealt with in my life,” he said.
Baldwin is also facing several civil suits in connection with the shooting, including one from Hutchins’ parents and sister, who did not attend the premiere. Baldwin’s lawyers have asked that those cases be put on hold pending the resolution of the state’s appeal.
Armorer Hannah Gutierrez Reed remains in prison, after being convicted in March of involuntary manslaughter for loading a live bullet in Baldwin’s gun.