The 66-year-old actor was standing trial in July over the death of Halyna Hutchins - who was fatally shot on the set of 'Rust' in 2021 - when judge Mary Marlowe Sommer threw out the case after his legal team argued prosecutors had hidden evidence relating to the passing of the cinematographer, and ruled the state had withheld information in a manner that was "intentional and deliberate".
And now, in a court filing made public on Wednesday, special prosecutor Kari Morrissey - who was accused of direct involvement in the decision to withhold evidence - argued there were "insufficient facts" to support the ruling and the ammunition rounds in question weren't relevant to the actor's defense.
According to The Guardian newspaper, she wrote: "No one on the prosecution team ever intentionally kept evidence from the defendant, it simply didn't occur to the prosecution that the rounds were relevant to the case even if they were the same or similar to the live rounds found on the set of 'Rust'."
Kari insisted defense attorneys knew about the rounds but pulled out of an opportunity to view them before trial.
She wrote: "This is a smoke screen created by the defense and was intended to sway and confuse the court ... and it was successful."
The 'Boss Baby' star's attorney plans to file a response with the court.
If the judge declines to reconsider her decision, it can still be reviewed by a higher court.
Alec was indicted by a New Mexico grand jury in January after the gun he was holding during a 2021 rehearsal on the set of 'Rust' discharged, killing mother-of-one Halyna and injuring the film's director Joel Souza.
The actor has since maintained he didn't pull the trigger of the gun or know why it contained live ammunition.
Hannah Gutierrez-Reed, the film's armourer, was jailed for 18 months in April after being found guilty in charges connected to the incident.
'Rust' resumed filming and finished its shoot in May 2023, saying in an Instagram post marking its completion: "It's been a long and difficult road. But we reach the end of the trail today."