A New Mexico judge has refused to revive the wrongful-death case of Alec Baldwin in the movie “Rust,” rejecting a prosecutor’s motion asking the judge to reconsider his decision to acquit Baldwin of criminal liability.

First Judicial Circuit Judge Mary Marlowe Sommer on Friday denied special prosecutor Kari T. Morrissey’s motion to reconsider dismissal of the felony charge against Baldwinthe star of the rowdy western movie.

“The Court concludes that the State has raised no argument of fact or law to warrant granting a motion for reconsideration,” Marlowe Sommer wrote in his five-page order.

“The state disagrees with the Court’s analysis and plans to appeal the ruling,” Morrissey said in response.

Morrissey, in recent court motions, did defended the state’s handling of the case and disputed evidence — rounds of ammunition were turned over to the Santa Fe County Sheriff’s Department earlier this year that may have matched the bullet that killed cinematographer “Rust” Halyna Hutchins three years ago.

But the judge appeared troubled by the prosecutor’s attitude toward arguments by Baldwin’s defense attorneys in July that the actor was denied the right to review all the evidence against him.

Marlowe Sommer said that during a July 12 evidentiary hearing, Morrissey “chose not to make any argument following the introduction of the evidence … and chose not to ask the court to suspend the hearing to give the state additional time to to conduct research and prepare arguments.”

Marlowe Sommer also wrote that Morrissey’s motion was premature, noting that the prosecutor missed the Aug. 30 deadline to file the motion. In addition, the judge said Morrissey’s 52-page motion exceeded the number of pages allowed by state rules.

Baldwin he faced up to 18 months in prison if convicted of manslaughter because of Hutchins. October 21, 2021, death during the production of “Rust”. But just as the trial was beginning in a Santa Fe courtroom, Marlowe Sommer threw out Baldwin’s criminal record after the new evidence came to light.

Months earlier, a former police officer living in Arizona delivered nearly two dozen .45-caliber rounds to the Santa Fe County Sheriff’s Department, saying the ammunition could be related to the “Rust” shooting.

But sheriff’s deputies were unable to make those bullets available to Baldwin’s defense attorneys for inspection. Instead, the cartridges were filed under a different case number than the one for the “Rust” shooting investigation.

Actor Alec Baldwin, left, with attorney Luke Nikas, right, during Baldwin’s July manslaughter trial in Santa Fe, NM

(Ramsay de Give/Associated Press)

Baldwin’s attorneys argued that the actor-producer was denied his right to a fair trial because the state was required to turn over all evidence that could be helpful to the defense.

The judge agreed and denied the allegations against Baldwin with prejudices, meaning they cannot be reloaded.

Morrissey tried to argue that the judge’s actions were too harsh because the rounds had nothing to do with Baldwin’s case.

The contested rounds reached the sheriff’s deputies in reverse.

Retired cop Troy Teske is a friend of Thell Reed, a famous Hollywood gunsmith and the father of gun handler “Rust”. Hannah Gutierrez. In 2021, Teske stored ammunition for Reed, who also lives in Arizona. Teske was scheduled to testify in Gutierrez’s trial in early March, so he brought the bullets with him to Santa Fe in case they might come in handy. But Gutierrez’s attorney decided not to call Teske to testify.

Gutierrez was convicted in March of involuntary manslaughter in the Hutchins shooting.

After her conviction and before leaving Santa Fe, Teske turned the ammunition over to the Sheriff’s Department.

The judge was upset to learn that three of the rounds appeared to match the fatal bullet in “Rust” movie set shooting.contributing to her decision to dismiss the charges against Baldwin.

Separately, Gutierrez failed in her attempt this fall to have Marlowe Sommer cast his convictionclaiming that the prosecutor also withheld evidence in his proceedings. Gutierrez is serving an 18-month sentence at a women’s prison in New Mexico.