A judge refused on Friday to reopen the murder case against Alec Baldwinstanding by her earlier decision to throw out the indictment due to withheld evidence.

Judge Mary Marlowe Sommer rejected the prosecution’s claim that the evidence was immaterial to the defense. IN her decisionthe judge found that the prosecution was repeating arguments that had been made earlier and that any new arguments should have been raised earlier. She also found that the prosecutor’s request to reconsider the dismissal came too late.

“The Court concludes that the State raises no factual or legal arguments that would justify the granting of a motion for reconsideration,” Marlowe Sommer wrote. “Therefore, the amended motion is not well received and should be rejected.”

The lead prosecutor, Kari Morrissey, said Amount she plans to appeal to a higher court.

“The state intends to appeal the sentence,” Morrissey said.

Baldwin went on trial in Santa Fe in July for involuntary manslaughter in connection with the death of cinematographer Halyna Hutchins. Baldwin was preparing to film a scene at Bonanza Creek Ranch in 2021, when his gun went off, killing Hutchins and wounding director Joel Souza.

His case was dramatically dismissed on July 12, when the defense revealed a cache of bullets that had not been turned over to Baldwin’s team before the trial. Three of the bullets appeared to match the live bullets found on the set.

Morrissey argued that the bullets did not undermine Baldwin’s guilt and therefore did not need to be disclosed.

In his earlier ruling, Marlowe Sommer ruled that Morrissey had deliberately withheld the evidence, in violation of the prosecutor’s duties under Brady v. Maryland.

“If this conduct does not rise to the level of bad faith, it certainly comes so close to bad faith as to show signs of sting,” the judge said at the time.

Morrissey filed a 54-page motion challenging the judge’s findings on Aug. 30 and seeking an opportunity to retry the case. The judge denied her first motion because it was too long, and Morrissey responded with a 10-page version.

Baldwin’s lawyers argued in response that there is no reason for the judge to change his mind. They also asked that the state be forced to pay Baldwin’s attorney’s fees, arguing that he was harassed.