The judge in the Alec Baldwin ‘Rust’ trial has dismissed the prosecutor’s request to reopen the murder case.

Prosecutor Kari T. Morrissey has filed a motion with Judge Mary Marlowe Sommer to reconsider her decision to dismiss Alec Baldwin’s case.

The Judge in Alec Baldwin’s Film Rust the criminal trial rejected the prosecutor’s request to reopen the case.

On Sept. 6, Judge Mary Marlowe Sommer responded to a motion filed Aug. 30 by New Mexico Special Prosecutor Kari T. Morrissey to reconsider a decision filed July 12 to dismiss the case against Baldwin, 66, entirely.

In her ruling, Sommer said she was refusing to hear Morrissey’s motion because her latest motion exceeded the 10-page limit for unauthorised filings.

The ruling said Morrissey’s August 30 motion included a 52-page motion and an additional 387 pages of evidence as part of the prosecution’s case and warned the prosecutor to “follow our rules of appellate procedure,” adding that “summaries that exceed the page limit, even if the Court has approved the additional pages, are almost invariably unpersuasive.”

When contacted by PEOPLE, Morrissey said in a statement, “A 10-page motion has already been filed. I can’t say anything more.”

Related: Convicted Rust Gunsmith reaches tentative agreement to plead guilty in separate criminal case for allegedly bringing gun to bar in “buttocks”

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In January, a grand jury indicted Baldwin on a charge of involuntary manslaughter in connection with an incident that occurred on the set of Oct. 21, 2021. Rustwhen a prop gun he was holding went off, killing cinematographer Halyna Hutchins and wounding director Joel Souza. Baldwin claims he did not pull the trigger of the gun or know why it contained live ammunition.

On July 12, before the jury reentered the courtroom, Baldwin’s attorney, Luke Nikas, accused a man named Troy Teske — a friend of Thell Reed, the father of the convicted Rust Gunsmith Hannah Gutierrez-Reed, found guilty of involuntary manslaughter, turned over ammunition to authorities he believed had a connection to the case.

Morrissey called herself to the podium just before Sommer dismissed the case altogether and explained that she did not believe the ammunition that was handed over should be considered Rust evidence.

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In a letter filed on August 30, Morrissey argued that “insufficient facts were presented to support the Court’s ruling and there was no violation of defendant’s right to a fair trial,” maintaining that Baldwin and his defense team knew about the evidence.

“The Court finds that the State’s motion to extend the page limit on the State’s motion to reconsider the dismissal with prejudice is without merit and should be denied,” Sommer wrote in a Sept. 6 order.

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