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.
Halyna Hutchins Shot With Prop Gun - Alec Baldwin indicted & Hannah Gutierrez-Reed charged, 2021 #8
- Thread starter BeckyF
- Start date
I saw that Baldwin's legal team submitted their response to Morrissey's motions.
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).
Right before the trial began, Morrissey was apparently telling Johnson to ignore the defense's discovery requests.
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).
Right before the trial began, Morrissey was apparently telling Johnson to ignore the defense's discovery requests.
Attachments
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.
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www.santafenewmexican.com
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.
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Capital High student accused of sexual assault to remain on house arrest after 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.
PrairieWind
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We still don't know how the live rounds got on set.
arielilane
Justice for Liz Barraza
geevee
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Judge says she'll rule next week on the motions (new trial, immediate release), so stay tuned.
Marantz4250b
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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.Judge says she'll rule next week on the motions (new trial, immediate release), so stay tuned.
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.
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
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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.
That's effectively the same thing as not declaring something you have.
Weki
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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
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CNN September 30, 2024 online article by Cheri Mossburg and Eric Levenson entitled ‘‘Rust’ armorer denied new trial, conviction upheld for fatal shooting’:
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Movie armorer on Alec Baldwin's film 'Rust' pleads guilty to gun charge in separate case
A movie armorer in the fatal shooting of a cinematographer by Alec Baldwin on the set of the Western film “Rust” has pleaded guilty to a separate charge of carrying a gun into a license liquor establishment.
apnews.com
Charlot123
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Yesterday I came across an article about the meeting of Kim Basinger and Alec Baldwin. He was so young and cute and looked so easygoing. It is sad what's happening in Baldwin's life now. Does anyone feel like me, that his heart is in the right place but impulsivity gets in the way? He is such a good actor; all in all, sad.
arielilane
Justice for Liz Barraza
“I’d just like to apologize to the court and thank you for your judgment today,” she said.
The case stems from evidence that a few weeks before “Rust” began filming in October 2021, Gutierrez carried a gun into a downtown bar in Santa Fe where firearms are prohibited.
www.courttv.com
Posted at 3:34 PM, October 8, 2024
The case stems from evidence that a few weeks before “Rust” began filming in October 2021, Gutierrez carried a gun into a downtown bar in Santa Fe where firearms are prohibited.
Hannah Gutierrez pleads guilty to gun charge in separate case
Hannah Gutierrez pleaded guilty to a separate criminal charge of carrying a gun into a licensed liquor establishment.
www.courttv.com
Posted at 3:34 PM, October 8, 2024
arielilane
Justice for Liz Barraza
Honestly, I know nothing about AB other than from this case, and that he and his wife have several children. Ive not seen any of his movies/films, tv shows or whatever. Looked up his films on Wikipedia to be sure. Confirmed.
Imo, I believe most people in general hearts are in the right place, AB is no exception. moo
sds71
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Judge Mary Marlowe Sommer rejected the prosecution’s claim that the evidence was immaterial to the defense. In her ruling, the judge found that the prosecutor was restating 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 was made too late.
“The Court concludes that the state does not raise any factual or legal arguments that would justify the grant of a motion to reconsider,” Marlowe Sommer wrote. “Therefore, the Amended Motion is not well taken and should be denied.”
variety.com
“The Court concludes that the state does not raise any factual or legal arguments that would justify the grant of a motion to reconsider,” Marlowe Sommer wrote. “Therefore, the Amended Motion is not well taken and should be denied.”
Judge Denies Prosecutor’s Move to Revive Alec Baldwin Manslaughter Case
A judge stood by her earlier decision to throw out a manslaughter charge against Alec Baldwin.
variety.com
From the article:Judge Mary Marlowe Sommer rejected the prosecution’s claim that the evidence was immaterial to the defense. In her ruling, the judge found that the prosecutor was restating 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 was made too late.
“The Court concludes that the state does not raise any factual or legal arguments that would justify the grant of a motion to reconsider,” Marlowe Sommer wrote. “Therefore, the Amended Motion is not well taken and should be denied.”
Judge Denies Prosecutor’s Move to Revive Alec Baldwin Manslaughter Case
A judge stood by her earlier decision to throw out a manslaughter charge against Alec Baldwin.
The lead prosecutor, Kari Morrissey, told Variety she plans to appeal to a higher court.
She’s got zero chance of an appeal succeeding. I think she just can’t concede she screwed up. At this point the DA needs to step up and put a stop to this mess.
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Judge upholds decision to dismiss manslaughter charge against Alec Baldwin
Special prosecutor Kari Morrissey can now decide whether to appeal to a higher court.