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

[Betty P]

They weren't. They only showed up as evidence after the trial had started and were taken from their evidence bag and examined by the judge and prosecution and defence in the courtroom. There is no record of them properly forensically examined, as far as I am aware.

It's irrelevant, though. They weren't declared - for reasons we still don't know - so it doesn't make any difference whether they matched the round that was discharged. The defence was given no opportunity to examine them which is inexcusable. Moreover, the manner in which they came to light suggests that they were intentionally withheld by the prosecution which is even worse than inexcusable, imv.

The problematic thing is, though, even if they were proved to have come from the same batch it makes no difference. It was AB's actions which were on trial which are irrelevant to how the gun came to be loaded.

Thanks for the correction. I thought I saw somewhere in the transcripts or Law and Crime articles that there was some basic testing, but I'm probably wrong. I'm too busy and following too many cases these days to retain all of the details.

 

[ch_13]

I saw that Baldwin's legal team submitted their response to Morrissey's motions.

https://nmcourts.gov/wp-content/uploads/2024/09/Sept.-20-2024-Baldwins-Response-to-States-Amended-Motion-for-Reconsideration-240p.pdf

Basically, they tear into Morrissey for burying evidence, lying about it, and then lying about her reasons for lying about it.

One interesting thing they included was an affidavit by Erlinda Johnson (the co-prosecutor who resigned because of the discovery violations).

https://nmcourts.gov/wp-content/uploads/2024/09/Sept.-20-2024-Baldwins-Response-to-States-Amended-Motion-for-Reconsideration-Exhibits-A-E.pdf

Right before the trial began, Morrissey was apparently telling Johnson to ignore the defense's discovery requests.

 

[al66pine]

Same Prosecutor criticizes Same Judge in public statements, re other cases.

Judge had "admonished prosecutors in several cases over missed filing deadlines and missteps in producing evidence."
"Carmack-Altwies wrote in a statement after the first detention hearing for Huereca that Sommer had “hamstrung” prosecutors by limiting their time to present their case to five minutes."

More examples (limiting use of interpreter; time allowed for prelim. hearing & for pretrial detention, etc.) & details in last third of story at link.

^ Relates to asst DA's other than Morrisey.
Is the prob w lack of org. w asst DA's? Or w lack of leadership by DA Carmack-Altweis? IDK.

______________________________________

Teen accused of sexual assault to remain on house arrest after second detention hearing

Judge Mary Marlowe Sommer agreed to reconsider her decision allowing Alvaro Luna Huereca's release from jail but upheld it after a second hearing.

www.santafenewmexican.com

 

[PrairieWind]

wait though, handed too much responsibility or irresponsible ? ..this girl knew better than to run a sloppy show on set.

now that we know how the bullets got there, she may be really uninvolved and only guilty of being a mess on her job.
2 different things..but there's just that slightly open window that can be worrisome...just that small chance. mOO

We still don't know how the live rounds got on set.

 

[arielilane]

https://twitter.com/x/status/1839297423736451277

 

[geevee]

https://twitter.com/x/status/1839297423736451277

Judge says she'll rule next week on the motions (new trial, immediate release), so stay tuned.

 

[Marantz4250b]

Judge says she'll rule next week on the motions (new trial, immediate release), so stay tuned.

I cannot see how the judge could do anything other than dismiss the case. That's what happened with AB's case and the facts are essentially the same; the prosecution withheld evidence in the form of the ammo. Her defence didn't get to see it or know about it so the exact same argument as was used in AB's case applies, surely.

 

[katykat]

I cannot see how the judge could do anything other than dismiss the case. That's what happened with AB's case and the facts are essentially the same; the prosecution withheld evidence in the form of the ammo. Her defence didn't get to see it or know about it so the exact same argument as was used in AB's case applies, surely.

I'm erring on the side of dismissal as well. I suppose the complicating thing is the timing and the fact that Bowles did have knowledge of the ammunition. But I thought he explained himself well when arguing he was trying to maintain correct chain of custody. And the central point is that the judge has already decided that the rounds were materially important evidence - just remember how dumbstruck she was when she got her hands on them in court in July.

 

[ch_13]

I cannot see how the judge could do anything other than dismiss the case. That's what happened with AB's case and the facts are essentially the same; the prosecution withheld evidence in the form of the ammo. Her defence didn't get to see it or know about it so the exact same argument as was used in AB's case applies, surely.

I think the facts are different in some important respects: first that Bowles was present for Teske's deposition so he was aware of the ammo, and second that the police weren't given the ammo until HGR's trial was essentially over. So all that stuff about them hiding the ammo under a different case number is irrelevant.

There are other discovery issues, like the missing addenda to the Haag report and interviews with Bryan Carpenter and Seth Kenney that were never turned over, so it's possible that there could be a dismissal or a new trial, but I don't think it's a slam dunk for the defense.

However, I think the biggest issue is that the standard is different depending on whether a Brady violation is uncovered mid-trial or after the trial is over. As I understand it, a post-trial motion has to show that there's a good probability that the new evidence could have changed the verdict.

 

[Marantz4250b]

They point is that they (she) did in effect hide the existence of the ammo because they knew of its existence before her trial even started. True they didn't physically possess it but they clearly went out of their way to make sure that they didn't.

That's effectively the same thing as not declaring something you have.

 

[Weki]

HGR is guilty and doesn’t deserve a new trial or to be released. The factors that caused a dismissal in the AB case are not the same here. I get why Bowels wants to paint with the same brush. I have to say I enjoyed seeing Morrissey argue again. Haha. She took a couple of nice jabs at Bowels. But he held his own. He doesn’t seem to get flustered by her at all. I would be bowled over (pun intended) if judge grants the defense motions.

JMO