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.

______________________________________

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.

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

 

[Dotta]

https://twitter.com/x/status/1840840218129142032

 

[I am not Sherlock H.]

CNN September 30, 2024 online article by Cheri Mossburg and Eric Levenson entitled ‘‘Rust’ armorer denied new trial, conviction upheld for fatal shooting’:

https://www.cnn.com/2024/09/30/entertainment/rust-armorer-conviction-upheld/index.html

 

[Smelly Squirrel]

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]

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]

“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.

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]

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.

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]

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.

variety.com

 

[ch_13]

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.

variety.com

From the article:
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.

 

[Dotta]

Judge upholds decision to dismiss manslaughter charge against Alec Baldwin

Special prosecutor Kari Morrissey can now decide whether to appeal to a higher court.

www.whitchurchherald.co.uk