A prosecutor has alleged the involuntary manslaughter case against Hollywood actor Alec Baldwin was improperly thrown out because a judge “misunderstood” the evidence.

Baldwin’s trial was brought to a sudden end in July when a New Mexico judge ruled a charge, related to the fatal shooting of cinematographer Halyna Hutchins on the film set of Rust, was to be dismissed.

The judge threw the case out based on the misconduct of police and prosecutors over the withholding of ammunition evidence from the defence, while also confirming charges cannot be filed again.

Rust armourer Hannah Gutierrez-Reed has since asked a judge for a new trial on similar grounds, alleging there was “extreme misconduct” by the prosecutor related to withheld evidence.

Kari Morrissey – lead prosecutor in both the Baldwin and Gutierrez-Reed cases – asked the judge to reject the request by Gutierrez-Reed, who is serving an 18-month sentence for involuntary manslaughter following the death of Hutchins.

In her response to Gutierrez-Reed’s request, Ms Morrissey suggested Judge Mary Marlowe Sommer dropped the Baldwin case “without hearing any of the testimony or argument”.

“Although the court’s final order has not yet been filed, undersigned counsel contends that the court misunderstood the testimony on July 12, 2024, and improperly dismissed the case against Mr Baldwin,” Ms Morrissey said in the court documents.

The prosecutor argued that even if the judge ruled the “dismissal of the case against Mr Baldwin was proper” there is a “huge difference” in the Gutierrez-Reed case in relation to the ammunition evidence.

Ms Morrissey and representatives for Baldwin have been contacted for comment.