Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #8

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I was rewatching Friday’s hearing, and I noticed something.

Earlier the judge had said that she just wanted to read Poppell’s report on what Teske brought in, she didn’t need to see the actual ammo. Then she apparently notices something in the report and her whole demeanor changes. She suddenly now wants to see the evidence, and conducts the inquiry herself, donning gloves and sorting through the ammo.

I think she read through the inventory of what Teske turned in and saw that some of the bullets were Starline brass with silver primer. These are the exact rounds that were used on Rust and were tested by the FBI.

I believe that’s when the judge realized that Poppell was not being truthful. This wasn’t regular ammo that you can pick up from your local gun store. These bullets were made by Joe Swanson specifically for use on movie sets. Almost certainly the only time Poppell would have seen them before would be on the Rust investigation, so it’s just not credible that she inventoried them, yet couldn’t recall what Teske had turned in and didn’t think it was tied to Rust.

You can watch it here at 1:07:30.

KM knew the gig was up right there. It's when the note got passed.

Also KM tells the judge, I think, that they don't need to use gloves to which the judge snaps 'well, that's your opinion'. Was KM hoping to sabotage?

I'm laughing at all this handling of the rounds though, it's not laboratory conditions by a long stretch! People who think putting gloves on will keep things uncontaminated whilst they're busy touching plenty of other surfaces plus their hair and their glasses are clearly not scientists. Also the sound of bullets rolling around on the table, it's all a bit like a bunch of school kids were set a task.

The judge is so cool tho, with her dis-impressed face and old skool stoner vibe. She seems like a woman who's seen it *all* and then some.
 
I disagree, the issue of who brought the ammo to LE gives it no weight as evidence of anything, it just cannot work that way. It has to be examined. LE cannot enter things as being evidence in a death investigation just because of who brought in the ammo, which was not recovered by LE, not at the scene, not secured for years, not even yet examined. It would not be on a follow report with the same case number, it would be on a separate case number issued on the date it was turned in.
The prosecutor is not LE, and has no say in whether or not a report should be a follow-up or new event. They messed up discovery, nothing more nefarious than that happened. MOO

I suppose we have to agree to disagree here then.

I think the nature of who brought it in, his connection and familiarity with the supply chain of Swanson/Kenny/Gutierrez going back to 2021 and his subsequent statement to the police mean it should have been immediately treated as Rust evidence. I think there was good cause to believe this evidence was related to evidence that LE was interested in back in 2021 (the "green ammo can"). I just think it's telling that this is the only item of evidence that was not included with the "actual" evidence.
 
Whoa! I just re-visited this case thread to find out what's been going on. This is big stuff. I always thought that Prosecutor was show-boating and grand-standing and taking things way beyond necessary in her emotive demeanour but I thought she was on the side of 'right' and would never do something as ill judged as this.

Watching that is awful - her career is surely ended now, at least in terms of ever assisting prosecution? She got her 'mea cupla' on the record when nobody wanted or asked her to because she knew it's the end and she wanted to get her point of view stated IMO. Looks like she was tearful packing her stuff and leaving the court.

Will the court / judge be taking further action against her in terms of punitive action or having her skills scrutinised by her professional body? It seems in the judge's summing up that maybe this isn't the end of the matter on a personal level. All that time, costs, money, and jury time taken.

Will HGR's situation be affected? Surely it must be? Her case can no longer be considered 'sound' and must also be retroactively dismissed in parallel surely?

Also, does this put Seth Kenny back in the frame?
The thing I find so odd about her decision to bury evidence is that she's usually a defense lawyer not a prosecutor. How would she feel as a defense lawyer knowing the possibility that cases she lost may have to do with suppression of evidence by the prosecution? It also makes me wonder why a prosecution team would want a defense attorney on this case. It taints a lot of cases they've worked on in the past, imo.
 
Posted on July 12, 2024

On the third day of trial, both defense attorneys for defendant Alec Baldwin, Alex Spiro and Luke Nikas, reveal they believe this case has had too many issues. Spiro said, “I’ve been on many high-pressure cases, and there have been more issues in this case than I’ve had throughout my career.” Spiro also said he believes that state attorney Kari Morrisey has been signaling to witnesses on the stand. Nikas got furious regarding the conduct of the prosecution.
 


I reached out to @MaryCarmackAltw office this morning to see if there was any additional follow-up about the #HannahGutierrez case and special prosecutor Kari Morrissey. They're still evaluating what happened last Friday. I received this just now: "There is no better advocate than Kari Morrissey to see the Hannah Gutierrez-Reed cases through, and her appointment and oath are still in place."

4:22 PM · Jul 15, 2024

For now
 


I reached out to @MaryCarmackAltw office this morning to see if there was any additional follow-up about the #HannahGutierrez case and special prosecutor Kari Morrissey. They're still evaluating what happened last Friday. I received this just now: "There is no better advocate than Kari Morrissey to see the Hannah Gutierrez-Reed cases through, and her appointment and oath are still in place."

4:22 PM · Jul 15, 2024
Just Wow.
 

The district attorney in Santa Fe, N.M., has affirmed her support for “Rust” prosecutor Kari Morrissey, after the manslaughter case against Alec Baldwin was dismissed Friday due to withheld evidence.

Morrissey remains in her role as the special prosecutor handling two cases against Hannah Gutierrez Reed, the “Rust” armorer who was convicted of manslaughter in March and is now serving an 18-month prison term.

Morrissey, a private attorney, was appointed by the D.A. in March 2023 to handle the criminal cases stemming from the fatal shooting of “Rust” cinematographer Halyna Hutchins.

Gutierrez Reed’s defense lawyer is seeking a new trial, claiming that evidence was also withheld in her case. Gutierrez Reed also faces an additional trial on a felony charge for bringing a gun into a bar.

“There is no better advocate than Kari Morrissey to see the Hannah Gutierrez Reed cases through, and her appointment and oath are still in place,” Mary Carmack-Altwies, the First Judicial District Attorney, said in a statement on Monday.
 
I feel like it matters. That’s where the whole tragedy started, isn’t it?

Why wouldn’t LE, etc., try to determine how the live rounds got on the set AND got mixed in with the armorer’s materials AND ended up loaded into a prop gun?

How could the determination be made that this was an unintentional death without knowing who brought the live rounds on the set?

Because whomever brought the live rounds may have wanted “someone” to be hurt or killed, if not HH in particular.

(My apologies if this has been discussed before, as I did skip parts of threads to catch up.)

It would mean somebody else could be charged in addition to the ones already charged, but it wouldn't change any of the others' guilt or innocence. The others would still have the same level of responsibility or lack of.
 

All the lawyers in this case are so full of bs. That evidence couldn't exculpate HGR. Wherever the live round came from, she was still responsible for whether it ended up in any of the guns on the set. The same goes for AB's part in it. He just got lucky the prosecutor screwed up. (Not saying AB was guilty, but it wouldn't affect him either way.)

And I highly suspect Spiro knew before the trial started that he would be bringing this up, he was just waiting for the right witness to spring it. It's still the prosecutor's responsibility, but it is quite shady on his part. moo
 
All the lawyers in this case are so full of bs. That evidence couldn't exculpate HGR. Wherever the live round came from, she was still responsible for whether it ended up in any of the guns on the set. The same goes for AB's part in it. He just got lucky the prosecutor screwed up. (Not saying AB was guilty, but it wouldn't affect him either way.)

And I highly suspect Spiro knew before the trial started that he would be bringing this up, he was just waiting for the right witness to spring it. It's still the prosecutor's responsibility, but it is quite shady on his part. moo

I agree with this, except I wouldn't call it shady for Spiro to hold onto this until jeopardy attached. It's just what defense lawyers do. And he was taking a big risk. The judge could have thought it wasn't an issue worthy of stopping the trial. (Many of the trial commentators watching in real-time claimed that the defense was making a big deal out of nothing, at least until the judge ordered further testimony and we started to hear from Poppell and Hancock.)

In fact, Morrissey had been flirting with ignoring her ethical obligations as a prosecutor for a while.
  • She stopped the grand jury from asking some witnesses questions, something a DA is never supposed to do.
  • She had some whoppers in her filings, like claiming Baldwin hired 8 attorneys, which was a misrepresentation at best.
  • She didn't turn over the third Haag report.
  • She neglected to turn over hundreds of thousands of document pages and dozens of hours of video until just prior to trial.
  • She tried to exclude defense witnesses on flimsy pretexts though they were on their witness list for months.
The difference is that all that stuff happened pre-trial, so the judge could choose remedies other than to dismiss the case. I think Spiro was being truthful when he said that he'd seen more issues in this case than in all his other trials combined, and that the judge had given the prosecution "chance after chance".
 

The district attorney in Santa Fe, N.M., has affirmed her support for “Rust” prosecutor Kari Morrissey, after the manslaughter case against Alec Baldwin was dismissed Friday due to withheld evidence.

Morrissey remains in her role as the special prosecutor handling two cases against Hannah Gutierrez Reed, the “Rust” armorer who was convicted of manslaughter in March and is now serving an 18-month prison term.

Morrissey, a private attorney, was appointed by the D.A. in March 2023 to handle the criminal cases stemming from the fatal shooting of “Rust” cinematographer Halyna Hutchins.

Gutierrez Reed’s defense lawyer is seeking a new trial, claiming that evidence was also withheld in her case. Gutierrez Reed also faces an additional trial on a felony charge for bringing a gun into a bar.

“There is no better advocate than Kari Morrissey to see the Hannah Gutierrez Reed cases through, and her appointment and oath are still in place,” Mary Carmack-Altwies, the First Judicial District Attorney, said in a statement on Monday.
This is hardly surprising. The DA hitched her wagon to Morrissey. They spent hundreds of thousands prosecuting these two cases and it's an embarrassment that after all that time, money and effort the AB prosecution went down in flames, and there's a non-zero chance that the HGR conviction may get reversed. What else can the DA say..."I hired the wrong person, my bad"?

Plus, according to a NYTimes article, Carmack-Altwies and Morrissey are personal friends.
 
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I agree with this, except I wouldn't call it shady for Spiro to hold onto this until jeopardy attached. It's just what defense lawyers do. And he was taking a big risk. The judge could have thought it wasn't an issue worthy of stopping the trial. (Many of the trial commentators watching in real-time claimed that the defense was making a big deal out of nothing, at least until the judge ordered further testimony and we started to hear from Poppell and Hancock.)

In fact, Morrissey had been flirting with ignoring her ethical obligations as a prosecutor for a while.
  • She stopped the grand jury from asking some witnesses questions, something a DA is never supposed to do.
  • She had some whoppers in her filings, like claiming Baldwin hired 8 attorneys, which was a misrepresentation at best.
  • She didn't turn over the third Haag report.
  • She neglected to turn over hundreds of thousands of document pages and dozens of hours of video until just prior to trial.
  • She tried to exclude defense witnesses on flimsy pretexts though they were on their witness list for months.
The difference is that all that stuff happened pre-trial, so the judge could choose remedies other than to dismiss the case. I think Spiro was being truthful when he said that he'd seen more issues in this case than in all his other trials combined, and that the judge had given the prosecution "chance after chance".

Sadly, in the future, we'll see more of this kind of behavior from prosecutors, even judges. We seem to be in a period in our society when some feel its ok to make up or interpret laws as they see fit. JMO
 
I agree with this, except I wouldn't call it shady for Spiro to hold onto this until jeopardy attached. It's just what defense lawyers do. And he was taking a big risk. The judge could have thought it wasn't an issue worthy of stopping the trial.

It is his job to get his client off any way within the law, but still it's unseemly to me. He could have brought it up before trial and then had a fair trial, which would have been best for the public and victim, but of course not for his client. He's not supposed to be looking out for the public's interest, she is. The prosecutor is the real problem, but still. The system creates some loopholes like this that is his right and duty to take advantage of.

But I don't think it was a big risk for him at all, he would be no worse off if the judge denied dismissal. He had nothing to lose.
 

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