Special prosecutor Kari Morrissey has filed a 400-page brief (“Prosecutor in Baldwin case asks judge to reconsider scathing dismissal,” Sept. 5) asking the judge to “un-dismiss” a case. The dismissal happened after the jury was empaneled in the criminal case against Alec Baldwin and jeopardy was fully attached. I hope we taxpayers didn’t pay for that fruitless waste of paper and time. As a former criminal prosecutor, I have been appalled at errors made by the District Attorney’s Office in this case, starting with charging a crime ex-post-facto and the early dismissal, failing to understand who is empowered to prosecute and then failing to turn over evidence to which the defense was entitled.

It doesn’t matter whether the defense may have known that some bullets were turned over later (they surely did, as I did just from following the articles in this paper and Vanity Fair) since it is the prosecution’s burden to produce all relevant and potentially exculpatory evidence. It also does not matter whether prosecutors made an honest mistake or took a calculated risk they would slip one by attorneys who are far closer to the top of their game than anyone affiliated with the District Attorney’s Office. It’s over — the district attorney and Morrissey need to hang their collective heads, apologize to the taxpayers and New Mexico’s film industry, and spend the time and effort needed to make sure that this gross display of incompetence is not repeated.

Carolyn McElroy

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