Defending the state’s dealing with of the “Rust” taking pictures case, New Mexico Special Prosecutor Kari T. Morrissey requested the decide to take one other have a look at the circumstances that led to the dismissal of the manslaughter cost of Alec Baldwin.
In a courtroom submitting Friday, Morrissey requested New Mexico First Judicial Circuit Court Judge Mary Marlowe Sommer to rethink her determination to dismiss Baldwin’s wrongful dying case.
Six weeks in the past, Marlowe Sommer introduced Baldwin’s prison trial to a dramatic finish after new potential proof emerged. A former police officer residing in Arizona had delivered practically two dozen .45-caliber bullets to the Santa Fe County Sheriff’s Department months earlier, saying they could possibly be linked to the two 1/2-year-old “Rust” taking pictures that killed cinematographer Halyna Hutchins.
The former officer, Troy Teske, is a buddy of Thell Reed, a widely known Hollywood gunsmith and father of gunsmith “Rust” Hannah Gutierrez, who was convicted of manslaughter within the March taking pictures. Teske was purported to be a witness in his trial, however Gutierrez’s protection lawyer determined to not name Teske to testify.
After the Gutierrez trial and earlier than leaving Santa Fe, Teske turned over the ammunition he had dropped at New Mexico to native sheriff’s deputies. Shell casings from three photographs appeared to match the deadly bullet within the taking pictures on the set of the film “Rust,” deputies later testified.
During Baldwin’s trial, the Santa Fe County sheriff’s crime scene technician testified that he took the rounds from Teske and saved them in an proof vault. However, the bullets weren’t included as a part of the proof from the “Rust” taking pictures, as later testimony confirmed.
Instead the costs have been dismissed below a unique case quantity — a indisputable fact that Baldwin’s attorneys seized on as proof that the state was allegedly withholding materials that might have been helpful to Baldwin’s protection.
The decide agreed and dismissed the prison cost.
Alec Baldwin, proper, hugs his protection lawyer Alex Spiro after District Court Judge Mary Marlowe Sommer dismissed the manslaughter cost towards the actor.
(Luis Sánchez Saturno/Associated Press)
In her 52-page movement, Morrissey argued that protection attorneys knew extra about Teske’s rounds than she did. He wrote that the spherical state of affairs didn’t rise to a stage that warranted Marlowe Sommer dismissing the case with prejudice, which means it couldn’t be refiled.
Morrissey stated the late disclosure of Teske’s photographs didn’t hinder Baldwin’s protection as a result of his attorneys apparently knew concerning the ammunition earlier than the trial. Morrissey additionally argued that the rounds have been unrelated to the costs Baldwin confronted.
“It by no means occurred to the State that the Teske rounds have been related to the case towards Mr. Baldwin and they aren’t,” Morrissey wrote.
A consultant for Baldwin was not instantly obtainable for remark.
Morrissey wrote that the state, which had solely two attorneys on the Baldwin case, didn’t have the assets of the plaintiff’s staff, which included at the very least 9 attorneys. He requested the decide to ask Baldwin’s attorneys to disclose once they realized of Teske’s rounds — presumably to point out that it occurred effectively earlier than Baldwin’s trial started with jury choice on July 9.
Morrissey additionally wrote in his movement that the crime scene technician, Marissa Poppell, was not making an attempt to mislead the decide when she testified that Teske’s bullets have been totally different from these found on the set of the film “Rust” in October 2021.
“He offered inaccurate and inaccurate testimony as a result of individuals often make errors,” Morrissey wrote.
In July, the decide grew to become visibly offended when he noticed that three of the photographs appeared to match dwell ammunition discovered on the “Rust” set.
Morrissey stated the decide ought to have thought-about much less extreme treatments, corresponding to declaring a mistrial to provide Baldwin’s staff the chance to examine the photographs and have them examined by the FBI.
The decide has scheduled a listening to later this month to think about a separate movement filed by Gutierrez’s lawyer to vacate his conviction or grant a brand new trial.
