/ CBS News

Why judge dismissed Alec Baldwin "Rust" case

Why a judge dismissed Alec Baldwin's involuntary manslaughter case 05:39

The attorney for the family of the cinematographer killed on "Rust" movie set spoke out on Saturday, a day after a judge dismissed actor Alec Baldwin's charge of involuntary manslaughter following the defense team's accusation prosecutors withheld evidence. 

Gloria Allred, an attorney for Halyna Hutchins' parents and sister, appeared outside of the courthouse in Santa Fe, New Mexico where the trial was held. Allred said she "respectfully disagrees" with the court's decision and regrets that the court did not give other options that would have allowed the criminal prosecution to succeed.

"The dismissal only strengthens our resolve to pursue justice in the civil case that we have filed against him in Santa Fe, New Mexico," Allred said. She said the family - who live in Ukraine where Hutchins' was born and raised - has yet to hear from Baldwin or his attorneys. 

Baldwin, who cried as the judge announced the charges were dismissed, wrote in a social media post on Saturday, "There are too many people who have supported me to thank just now. To all of you, you will never know how much I appreciate your kindness toward my family."

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Alec Baldwin cries as the judge dismisses his charges in the involuntary manslaughter case of Halyna Hutchins. 

Baldwin, 66, would have faced 18 months in prison if convicted.

The trial, which opened with jury selection on Monday for the 2021 shooting, took a bizarre turn right before the dismissal at the end of the week. Prosecutor Erlinda Johnson resigned and fellow prosecutor Kari Morrissey called herself as a witness.

The judge sent the jury home earlier in the day Friday while prosecutors argued over the defense's motion for dismissal, which the judge later granted. Judge Mary Marlowe Sommer dismissed the case with prejudice based on the misconduct of police and prosecutors in the trial. The defense argued that prosecutors hid evidence from them about ammunition that may be related to the shooting. 

Allred said the judge's decision "is devastating to the family in Ukraine who mourn her loss every day." 

"We are going to fight to the end for Halyna Hutchins," she said.