LIVE | Alec Baldwin Trial Again? Hannah Gutierrez's Plea Deal.

Welcome good morning good morning good morning lonard it's Thursday it's September 5th I don't even know how September happened like why is it September already but I'm ready for the fall weather I'm ready for the sweater weather I've got to be honest sweater weather here we come today is going to be a very busy stream because what in the Carri morrisy is happening in New Mexico I thought today was going to go a completely different direction we were going to talk about Hannah gutiz taking a deal and then we were going to move on but no on the docket in New Mexico popped up this motion from Carrie morrisy that is shocking like I I'm rarely surprised to the point where I'm like I don't even know what to say but I am surprised to the point I'm like I don't even know what to say like what are we doing what is what is happening in New Mexico so Carrie morrisy wants to take Alec Baldwin to tr again but that's not all there's so much more in this motion 52 page motion hundreds hundreds of pages of exhibits hundreds of pages of exhibits we uh I don't even know how this is going to work what are we doing I have never seen a motion to dismiss like this I think most lawyers have never seen a motion to dismiss like this Alec Baldwin's lawyers are going to have kittens so today we are going to talk about a real quick story that I wanted to talk about that I'm not bumping we are going to talk a so a quick a quick bit a quick bite if you will we're going to do one quick bit then we are going to talk about uh Hannah's plea we have bus's response to the plea uh not response to the plea response to Carrie morresy and then we have Carrie Morris's Motion in the Baldwin case y'all we had a full show planned before all this went down and I am shook I am shook I am shook so we are going to be talking all about that uh our kid for asked in the chat why was the motion canceled for today though we're going to talk about that as we get into everything this judge is going going to lose her mind um I'm losing my mind I I can't I can't believe that I'm going to spend half a today's stream saying I can't I can't believe this is happening but I am now weighted with baited breath to see what Baldwin's lawyers say are they going to ask for sanctions probably like I'm G to have to we're going to have to put up a what we're looking for I'm going to have to keep notes will Baldwin's lawyers ask for sanctions probably will they say that this is a disingenuous filing and there's no law to support it probably is Carrie morresy going to support or her motion with law that allows this to happen I don't I don't know I don't I don't know we're going to look at the law together um and then you will probably see an article um because I was chatting with people this morning not just like people high law nerds y'all are people too I'm chatting with y'all but um had a lovely chat with people this morning about this because wow wow this is happening like ju I am dismissed with prejudice means we're done why are we not done the fact that we are like quadrupling down on this is shocking to me but when I was going through this motion and I have not gone through all of the law on this yet we're going to do that together when I was going through this motion I was um I saw a few things in there and I was like huh the is this what you're really getting after because there's no vehicle for this and and when we talk about um you know what's the legal remedy we talked about this in the Karen Reed case right when we talked in the Karen Reed case about the motion to dismiss and that's what it was the motion to dismiss because of the juror statements I said I don't think there's a vehicle for the judge to do this I don't think there is law that allows the judge to just be like yeah go for it and I think that's where we're at in this motion too I don't think there's a vehicle for the judge to even do what the prosecutor is asking but at some point you can't you can't just ask for like whatever and so I think we're going to get I think we're going to see the defense asking for sanctions um I think we're going to see some very strong language so today we have a lot we have a lot to do today law nerd I'm so glad you're here um make sure you guys do all the YouTube things make sure you switch your chat from Top chat to live chat so we can all chat the number of times I've asked for YouTube to change it so that live chat's the default and you have to opt out to see less that makes sense to me still hasn't changed will it one day maybe maybe um I see all of you asking can we just start with audacity not yet because we got to get to Quick bits and then we've got nowhere to go so um original in the chat said I'm no fan of Baldwin but if it was dismissed with prejudice what is the prosecutor doing this is what I love about the law nerd Community I'm not a Alec Baldwin fan either I'm glad he's not in the new Beetlejuice movie like I am not a uh a fan of Alec Baldwin but it doesn't really matter who Baldwin is whatever defendant is in that position what is happening and I really love that this community can take the person out of it and we saw you guys do that so well with the gwenneth pure case a lot of us went into that trial and we're like I mean I'm not a huge fan of gwenneth I mean and some people were like not only am I not a huge fan of gwenneth I go very strongly the other direction in specifically and aggressively not liking gwenneth and then at the end people are like okay well I I still specifically and aggressively do not like gwenneth paltro but that dude shouldn't have sued her for this thing and being able to separate the person out of the uh case is really important and that's what we're going to do here with this because again what is happening you guys I'm shocked I'm shocked I'm shocked so today we will be talking about Alexander Ray Baldwin we will be talking about Hannah Gutierrez um and we got to talk about Tik Tok for a minute I can't believe that this is a quickbit segment but it is but it is I you guys we just need to go we need to roll do the YouTube things and let's roll hey there I'm Emily D Baker the internet's go-to legal analy breaking down the legal side of the pop culture and entertainment Stories We Can't Stop talking about I'm a big fan of the cursy words I've been a licensed attorney for over 17 years but this is not legal advice this is where the law nards unite to talk about facts not let's get into it look I didn't think that that this would be a quickbit segment I saw this happening and I was like this is a joke like I'm being punked I'm not being punked this isn't a joke people were doing this for those of you that don't use the clock app I get it I get most of TikTok ‘Cash Glitch’ the things that are put on that app via Instagram why because I am gen xish and that is where I am I am not on the tck the Tik toks um I don't spend time there I just I don't but I saw this trending I saw this happening um I saw people talking about it on Instagram I saw videos about it and I'm like this is not happening this is not happening it is happening um apparently the uh social media Finance Bros of [ __ ] are calling it the cash glitch have you guys seen this this is the worst idea ever what are you doing folks and why are we not teaching people better about finances how do people not look at the cash glitch and go oh H um that's fraud and that's a real bad idea how did nobody catch this so here's a brief overview of what people were saying that um was a Chase glitch which is that there is a period of time between when you deposit a physical check and then the amount of money that is available and then when the check actually clears so if you are taking a bad check and putting it into a bank account knowing it's going to bounce and then turning around and withdrawing the money on that check and you have access to that check before the check actually clears and you take all the money out and then close a bank account you can be left with a negative balance and people think that somehow they're not going to be found ATMs have really good cameras but um Chase had a delay sometimes you can immediately get like $100 based on the the amount of the check sometimes it will clear so it was allowing you to withdraw the full amount of the check before the check actually cleared so um this is a Cheryl uh Cheryl Ray ask is this check hiding no slightly different take on the age-old scheme of check kiting um check kiing involves generally multiple bank accounts if we want to be Technical and former fraud prosecutor I will be technical involves multiple bank accounts this is more of a just a basic check fraud and waiting periods on banks are going to change because of this but check kiing involves generally multiple like circular bank accounts this involves One bank account you are essentially um passing fast uh false checks or passing bad checks knowing that they're going to bounce and Most states have a a uh charge for that in California I think they recently changed it to a misdemeanor depending on depending on the amount of the check it'll be interesting to see how prosecutors do this state byst state because I'm sure that the fraud investigators at Chase and lots of banks have lots of fraud investigators the fraud investigators at Chase will just bring all of these with photos and checks and all of the identifying information of the individuals hand over stacks of that to the prosecutors and be like hey can we um just prosecute all of these people for the false checks in California though false checks can stack if you pass multiple false checks and it's passing a check that you know is going to bounce um and when people are putting on social media hey this is free money they're just going to pull all those videos off of social media and use them against them I don't know why people think it's going to work when they're like rolling out with stacks of cash and like this is fine people this is not how money works are we not teaching how money Works in school I have so many questions also do not take Financial advice from Tik Tok look some of the cleaning like the cleaning hacks on Tik Tok I'm like doesn't that like have a chemical reaction and post like create like mustard gas like what are you doing like don't mix those cleaning products together and then and then you get people being like oh let me mail you pink sauce in the mail it's totally safe to eat I made it in like a bathtub no and then you know some of the makeup hacks genius look there are things I have learned off of Tik Tok that I love um that you can like get the rest of like a lipstick out of a lipstick tube fantastic no harm is going to come to anybody but when you're stealing from large banks that have massive fraud departments harm will probably happen money is not going to be free if it seems like it's going to free it's not going to be free also have we not learned like why don't we know that this is check fraud this is coming from forbes.com social media charge fraud waves a new era of financial vulnerability I mean you call it vulnerability I call it stupidity I guess vulnerability for the bank stupidity on the people who think that this is going like you can just withdraw money that said though that said though I understand that not everyone understands like overdraft fees and that those aren't really money and that those aren't really your money but what in the world in an era nearly Ubi uh in an era of nearly ubiquitous digital connectivity across all social strata the intersection of universal banking technology and social media has given rise to a new take on financial vulnerabilities you mean exploiting vulnerabilities over the Labor Day weekend in the United States look everybody Labor Day here's the thing um there's there's deals on stuff like go get a good sale at Best Buy or whatever um it's not like hey it's a three-day weekend check fraud sounds amazing over the Labor Day weekend in the United States a stark illustration of this phenomenon unfolded as on as Reddit forms particularly those with an urban Focus like Detroit's crime in the D became epicenters of frenzy discussion surrounding a Chase bank glitch it's a it's a holding period I bet Chase has changed their policy it is a holding period I mean this is it's not okay Chase glitch what's this new Chase glitch everybody on and then the response is their check system is accepting anything and clearing it the next day which means the money is being made available but it's not clearing the incident in question stemmed from an apparent system checking error that inter ently allowed users to exploit a quote loophole in Chase's bank deposit system it's not a loophole if the check doesn't clear you're on the hook for the money though this isn't I don't even like the language Emily do you read these articles before you pull them up no I don't so we can talk about it together loophole makes it seem like you have outsmarted the banks the banks are going to get their money you've not outsmarted [ __ ] you've you've outsmarted your credit report is what you've outsmarted don't get me started on credit reports but anyway you've outsmarted yourself out of a bank account this is not a loophole the loophole is the loophole with us yes it's fraud the error that inadvertently allowed users to exploit a loophole in Chase's bank deposit system customers discovered they could kite checks again I take issue traditional check kiting involves multiple bank accounts but they are taking advantage of you know passing bad checks essentially I think this is a lawyer didn't write this Emily Let It Go like Let it go Let it go there are legal meanings to words and then there are colloquial meanings to words this is not the legal crime of check kiting but they don't know that this is passing bad checks this is check fraud anyway customers discovered they could defraud the bank by cutting checks and making after hour deposits which would then become fully accessible the following day the unintended flaw in the banks infrastructure quickly transformed into a viral sensation look man if you want a viral sensation go buy the Twilight shirt at Target make up some 2,000 calorie drink at Starbucks don't do that actually don't do that to your Baristas um you know go to In-N-Out and get a Flying Dutchman like mustard fried there are ways to find system workarounds and secret menus that are delightful this one could land you in jail jail customers discovered they could pass checks because if they went in after hour and deposited a check that they knew was going to bounce they could withdraw the money the next day the unended flaw on the bank's infrastructure quickly transformed into a viral sensation with individuals eagerly sharing photographic evidence of their ilicit gains across various social media platforms the prosecutors everywhere thank you for the self- snitching prosecutors everywhere are like it is amazing when you go on your social media that can be tied to your name and your IP address and your location and your phone's IMEI number um it's not hard to track back who you are right they're going to they're gonna find you it's not they're going to find you you have self- snitched this is from Reddit deposited funds availability um available now on 82 $100 available the next day 36536 um there there you go I mean they're they're going big they're going big um for everyone in the chats like call Bruce R uh Bruce Rivers I can't wait to see what he says about this it's he's going to be like this is the ultimate self snitching when you post it on social and I have seen Tik toks of people walking away from the ATM flashing stacks of cash that is all going to be used against them Emily have you ever done that yeah we had a case of a uh robbery after somebody used an ATM which by the way if you rob somebody after they use ATMs is normally an enhanced charge so if you like follow someone to an ATM and then Rob them after they withdraw money anyway rob somebody after they had used the ATM and then immediately started posting pictures of the same amount of cash like fan out on social media well those pictures were all posted from down the street from the bank on the defendant's IMEI IMI number onto the social media from the phone that the person had in the pocket when they were arrested and then the picture was also on the phone when they were arrested so um they just brought in all the photos and we like so this person robbed that person and we're like yep so if you're like does this actually happen yes but now when they put it on Tik Tok it's even easier to get because once you subpoena Tik Tok they turn it all over and in those subpoenas you get back all of that location data so you get the longitude and latitude of where it was posted where you were standing with your phone in your hand and sometimes you can get to what other phones were around it so if it's a group of people together you can at times if they are all on the same app because Tik Tok tracks who you're near and who you're engaging with see the other phones that are in the vicinity now there's a lot of controversy about using search warrants like that to try to to find other phones that are in the vicinity and that is going to go through the Supreme Court at some point um however these social media networks can track who you're near when you are near them and they use it to advertise to you all the time so I know I'm trying not to give advice on how to Crime but this is how not to crime like this don't I mean if you're going to do this then you're going to get caught so I guess make it easy for people to prosecute you because that's what's happening that's what's happening um Bentley armm said I don't like that this is why I don't install apps um Instagram does it Facebook does it they do they they can see who your phones are frequently near and they can be like oh if somebody's somebody that you follow closely and your phone's frequently near likes this video you might like that video if they like this ad you might like that ad if anybody everybody in your area is buying this you might want that it the amount of information the apps have on you is wild it's just wild um it goes on to say as news of the glitch spread like wildfire an impromptu industry of self-proclaimed Financial tutors emerged on platforms such as Tik Tok y'all okay y'all let me teach you how to check fraud no these opportunistic individuals offered step-by-step guidance through stories and instructional videos were they selling a course step one write a check step two deposit the check step three withdraw the money step four get arrested what are you doing step one cut a hole in the Box Emily stop it of course there is an industry of a I am now a financial expert let me tell you how to steal money from the banks no what is happening it goes on to say these opportunistic individuals offered stepbystep guidance through stories and instructional videos promising to assist others in exploiting the glitch notice how they don't call it check fraud exploiting the glitch in exchange for a share of the illg gotten proceeds perfect so they're skimming it too it's like I'll tell you how to go steal money from the bank and then you give me a percentage to the money that you steal it's look it's like if you get an email that says hey if you go deposit this check I'll give you 10% of it and you give me the money you know it's a scam this is the same kind of scam oh my God oh my God oh my God also can you imagine the uh Tech and fraud departments at Chase Bank dealing with this over the three-day weekend can you imagine can you imagine having to work in that department this must have been a miserable weekend but also how did you not know that this was happening so step-by-step guidance for a share of the proceeds also people money launder this way hey let me give you this check you deposit it the check never passes All the Monies out of your account this is I had a massive case where this was going on through PayPal um years ago PayPal has since fixed the issue but people were money laundering through PayPal doing this um this is not new it's just being shared in new ways the rapid dissemination of information and techniques highlights the unprecedented speed at which financial vulnerabilities can be exposed and exploited in the digital age um the crime in the D subreddit said the whole city up to 100K today I love to see it the timing of the incident coinciding with a long bank holiday weekend rather exasperated the situation financial institutions and retailers now face a dramatically compromised timeline for response and mitigation what once may have afforded days for strategic planning and implementation has been reduced to Mere hours necessitating a paradigm shift on how these entities approach crisis management and security protocols uh yeah this is Wild by the way that this looks like it was a almost what million dollar check 999,000 um I can't believe that somebody would even try that I also can't believe that this um that this amount is uh maybe not an altered image but um this might be an altered image so it goes on to say the aftermath of such large scale exploitation presents a complex web of legal ethical and practical challenges while banks have the option to send affected accounts into overdraft and pursue collections the feasibility of recovering potentially millions of dollars from individuals who likely lack the means to repay is questionable at best the only thing they're going to be able to do is forward this for prosecution that's what they're going to do Bentley said y'all going to jail yeah somebody was sharing it around with y'all going to jail um at least somebody was trying to raise the the alarm and saying um look again people who crime regularly know things like the limits of a felony and a misemer so people who crime regularly would look at that and go hey I might do this with multiple people Emily don't tell people how to Crime better this is just what people do though I might do this with multiple people at different Bank locations with multiple different accounts and keep each individual transaction under the level that bumps it to a felony people who don't crime regularly are like oh any amount of money great 30,000 40,000 50,000 100,000 800,000 and that's going to bump it sometimes into Federal wire fraud so you're now taking this from um taking this from you know professionals who fraud into the folks who who are like what are we doing oh free money and they can bump themselves into the level of not just Federal wire fraud but into um state prosecutions that are felonies that have much larger sentences because the sentences escalate based on the amount of money stolen the aftermath of such large scale exploitation presents a complex web of legal ethical and practical challenges while banks have the option to send affected accounts into overdraft and pursue collections the feasibility of recovering the money is questionable at B what is what is all the um Bank insurance going to do with this I want to know what the total losses like I'm I'm riveted by what comes next with this what is going to be the total loss is insurance going to cover it or is like FDIC going to say this was on your security protocol so no chase you're going to take the hit are we going to see Chase stock prices take a big old like like because of this like how often do we bail out the banks before they learn but anyway um wild the scale of the incident raises significant logistical hurdles hurdles for law enforcement oh this is on chases fraud department to go to go deal with the prospect of mass arrest seems both impractical and potentially counterproductive ah my computer's like do you want to update now no I never want to update right now um what did it say both impractical and counterproductive given the strain it would place on the criminal justice system and the societal implications of such widespread prosecution well I mean if you don't prosecute it then what are the implications of that that people are going to be like oh next week it's your turn B OFA like what then what um MGF in the G Eva G said wouldn't it just create a negative amount in the account people were closing the accounts so yes it would create a negative account but if you close the account then then what it hits your credit it hits your credit report but people were trying to close the accounts um but it could lock people out of banking um potentially especially if they were doing this under their own name under their own bank account under their own social security number and people who are just like oh it's a glitch it's going to be fine are probably doing it under their own information people who crime regularly are not doing this [ __ ] under their own Social Security numbers the large scale fraud cases um most people start Emily it just sounds like you're giving advice this is not advice but most people start with the identity theft so that you can do the future crime under somebody else's identity not under your own so I think people who this on Tik Tok probably weren't doing it um that way and we're probably like oh bet I saw it on Tik Tok it's fine not everything you see on social is fine ceg the tide pod Challenge and and many many others just CU you saw it on social doesn't mean it's fine anyway um just cuz I show speed is jumping over a speeding car doesn't mean you should like don't do this moreover it says there is a pressing need for enhanced digital literacy education to help the public understand the legal and ethical implications of exploiting such glitches this isn't a glitch this is fraud even when they appear to offer easy financial gain right theft it is theft others have cited this as a class problem but I believe it's more of a symptom of a simple opportun uh of a of simple opportunist opportunist coupled with peer encouragement yeah there's a high level of opportunism here where people are like oh bet if everybody's doing it and nobody's getting in trouble then it's going to be fine it's not going to be fine the problem is the [ __ ] around and the find out is not immediate like the find out comes later it's a stark reminder of the evolving landscape of crime and punishment in the digital age in a way it's a digital mob attack a business where were discovered to be weak the same way a store left um the till unlocked and people figured out that they could come in and take money I mean it's a digital Smash and grab like we have seen where you get masses of people running into stores and and stealing it is essentially the same um digital version of a smash and grab there's less risk for a lot of people because you don't have to run into a store but ATMs have cameras they are connected to your identity I remember when people used to just steal the ATMs like back in the day they used to just hook up trucks to them and Emily stopped telling stories this underscores the need for a multifaceted approach involving financial institution technology companies law enforcement agencies and policy makers to develop comprehensive strategies per for preventing detecting and responding to such incidents the thing is the people who are going to get caught in this are the ones who were just like oh cool I'll try that I saw it on social media it's not the people that know how to do this it's the people who got CAU caught in the oh that'll work when it seems like theft it's because it's theft a balance between techn technological innovation and Security will be crucial in maintaining the Integrity of our financial systems and the trust of the public they serve yeah a run on the banks is not a great idea I love that this photo is titled regret um however I saw this is the overdraft for someone who didn't close their account I saw numerous creators though or individuals using these same screenshots so then it seemed people were making content in hopes to go viral that was all the same screenshot so it wasn't necessarily them and that's going to complicate the issue even further is when people are grabbing screen shot of like an overdraft and pretending it's them and pretending they did this even if they really didn't do this so that it will go viral it says the glitch and its aftermath represent a fascinating case study in the intersection of technology and human behavior but in the meantime hey make some make some bread no that no that's not the advice Forbes forbs what are you doing Forbes has gotten wild no don't go make some bread that's unless it's sourdough like if you have a good sourdough starter then maybe go make some bread but like literally not figuratively what is Forbes doing you are wild today Forbes like somebody somebody come and somebody come and get Forbes I feel like I'm being punked I went to Forbes because it's Forbes and now I'm being punked are we sure this is Forbes what are we what are we doing Rob is like I'm a I'm a venture capitalist in London and former ex Californian exg googler Rob don't tell people to make their bread in the article telling people that it's a crime what in the world are you doing Forbes who edited this and said yeah let's let's do that and look at this the Forbes Emily vet your articles better they linked this under Innovation and Venture Capital sir this is not Innovative nor is it Venture Capital first of all these types of check frauds have been going on forever second um theft has been going on forever but fourth what Innovation it's not Innovative Forbes has gotten wild Forbes has gotten Wild what what world are we living in this this is satire right this is sat this H this has to be Lyndon in the chat said it's great satire of the Venture Venture Capital system that's true when um when the the rich folks do it in business it's called Venture Capital fundraising when people do it from the banks uh that are everyday citizens it's called fraud I mean well when Elizabeth Holmes did it they called it frog too this is uh wild this is wild Michelle said Forbes want to be wants to be the Wall Street Journal so bad oh man Forbes deserves all of the clowning evil kosa said Forbes in articles about meth but for now let's cook what timeline are we living in you guys where are we no Cena I know that make bread can mean make money which is why I am lamenting that Forbes has basically at the end of this article said go ahead fam get that cash the end of the article is um is make some bread Uncle like wild Rob sir sir do do not what are you doing what are you doing which is why I made a joke about a sourdough starter that is the only kind of make that bread that I am supporting in this but Rob who are you quoting by the way what in the [ __ ] is this today is going to be wild today is going to be wild I also Ro Rob don't just don't just don't this is not how Venture Capital Works um no no no no no no no no no this is a terrible idea anyway I was looking at the um social media World chatting about the money glitch even calling it a money glitch is misleading because it is not a glitch it is in fact just check fraud check fraud is exploited in many different ways it's normally the humans that glitch and check fraud and go ahead and allow a transaction to happen and then it all gets caught up later but this is um going to bite people in the ass in a way that they probably didn't anticipate and I think that's what's so frustrating about it is because there will be consequences for some will there likely be consequences for every single person who tried to do this maybe not but there will be consequences for some that they probably didn't anticipate which raises the question is why do people not look at this and know that this is fraud I mean if they look at and then go chances are I'm not going to get caught roll it I don't know what you do with that but I really do think there are plenty of people who looked at this and went oh it's got to be fine I saw it on Tik Tok no it's not fine people are going to uh people are going to find out especially the ones that have their social security number attached to all of this so that is my quick bit on the chase viral check fraud Trend um it's just it's just check fraud to rob a bank is really what it is and um jail sucks and financial crimes can impact your future especially when it comes to hiring it doesn't matter how much money it is and oftentimes it doesn't matter if it is a misdemeanor having Financial crimes on your record will be a hard stop to lots and lots and lots of employment so um to the to the humans at the chase fraud department uh I'm sure you're busy and I hope you're caffeinated because this is absolutely wild to chase customers um I hope this doesn't impact your your rates or anything like that and will the FDIC um swoop in and save Chase and how much money did Chase lose I'm really curious to follow the Fallout from I I mean a check fraud spree over the weekend so um we'll see what happens we'll see what happens vrod said prosecutor on easy mode to prosecute the YouTube Tik Tok live stream crimes criminals take their crimes and then post them yep yep yep yep um absolutely wild absolutely wild so um look man don't uh don't don't do what you see on Tik Tok I mean Tik Tok is influenced me to do all kinds of things again I watch it through I watch it through Instagram but um yeah did I buy a window steamer I did cuz I was like obviously I need to clean my windows that way there are decisions and then there are um criminal decisions this one is a criminal uh decision and I am going to be very interested to hear from the prosecutors that have to uh that have to deal with the Fallout from all of this there is no such thing as free money so um let's see Kimberly said I thought there was was a $500 day max ATM withdraw I don't think that is everywhere um I don't know if people I think some of the screenshots are altered because there's generally a $10,000 a day limit that doesn't mean people um didn't max out to that limit but I don't know I can't wait to see the more that comes out on this but all right continuing on are you guys ready we need to talk all things rust that was just this is just a wild story it's just a wild story so just because the ATM will allow you to take the money does not mean the money is yours to take and if you know the money's not yours to take then um that's going to be a problem let's talk about rust um okay I'm going to put up a poll real quick what I'm going to cover Hannah's plea real quick and then we've got two longer motions uh and I want to see what you want to cover first uh BS BS responds B Bulls responds to Carrie or car carry um once carry once the dismissal dismiss I'll let you guys CH choose which of those motions go first and we're going to start while you guys are voting we're going to start with Hannah gutierrez's plea um and hearing that was cancelled today so for those of you that follow this case closely the New Mexico high-profile cases website I love that jurisdictions have started doing this it makes it really easy to keep all of their information in one place and that's what New Mexico has done here Hannah Gutierrez Plea Deal some of you may remember that Hannah Gutierrez had two cases the rust shooting and then a subsequent case where she took a gun into a bar and was showing on social media that she took a gun into a bar and was prosecuted for her showing that on social media well not for showing it on social media for doing it as evidenced by herself showing it on social media so for um those of you that look at what's going on in New Mexico high-profile cases you will see that Hannah's motion for September 5th was vacated those were regarding the second case where Hannah took the gun into the bar um and that hearing was dismissed because of the motion to schedule a plea hearing and so because there will be a plea the hearing for today is cancelled we're going to take a look at what that plea means uh real quick so let's look at the unopposed motion to request a plea hearing from BS on the second case so this is not on the rust case this is on the subsequent case she still has to deal with it um it was on social I'm not surprise there's a plea like set set it for time concurrent but let's see what the plea deal is unopposed motion to request plea hearing defendant Hannah goerz Reed through Council Jason BS asks the following Miss Reed is charged with unlawful carrying of a firearm and a licensed liquor establishment by a grand jury indictment filed November 16th 2023 Reed has accepted a plea agreement see attached agreement we will re request the court schedule plea hearing UND signed is available for the following dates special prosecutor Carrie morresy does not oppose this request yeah because there's a plea deal let's look at the plea deal plea and disposition agreement plea defendant agrees to plead guilty to the following offenses unlawful carrying of a firearm in a licensed liquor establishment you have a baby in a bar Emily not the Sweet Home Alabama it is too early in the morning unlawful carrying of a firearm in a liquor establishment can't do that guns and substances don't mix and it's illegal to have them together in lots of places if you have guns and drugs in the same place it's a different level of felony than if you had one and or the other if you are allowed to legally carry a weapon or concealed carry a weapon you generally unless you are law enforcement cannot have it in a liquor establishment if you are in a state where you are allowed to open carry you still can't carry it into a licensed liquor establishment There Are Rules anyway so this was filed November 16th um fourth deegree felony which means it is a low-level felony occurring on her about October 1st 2021 so this incident occurred before the shooting on the movie Said So Not only was Hannah uh here's my question why would Hannah be carrying a weapon into a bar in New Mexico if that weapon was not loaded so every single time Bulls argues that Hannah didn't have live ammunition um I wonder what the caliber of weapon she was carrying at this time was um I can go grab the photos but was she carrying for personal use um you know 20 days before the shooting on the rest set happened and did she bring live ammunition to carry for personal use cuz you're not carrying carrying an empty gun is a dangerous and a terrible idea so are you are you not then carrying live ammo for something um but we will take a look for that because there are um I think those I know that those photos are around um AR said didn't she smuggle it in a body cavity I think it was in her pants but I don't think it was uh in a bodily cavity so this agreement is made according to the following conditions the parties agreed defendant shall receive a sentence of 18 months supervised probation that may be transferred to Arizona subject to the requirements of the interstate compact so 18 months of probation I wonder if this well let's keep reading the parties further agree that defendant shall receive a deferred sentence pursuant to 3126 New Mexico statutes on the condition of successful completion of 18 months supervised probation if the Fant becomes incarcerated in the Department of Corrections due to a violation of her terms of probation she will be subject to oneyear term of parole if applicable while on probation defendant shall obey all laws um in addition to standard conditions the defendant shall not possess Firearms or ammunition shall not reside in a residence where Firearms are present we know that she already can't do this because of the other conviction shall not consume alcohol or illegal drugs and shall be subject to random Ur analysis to ensure compliance if she transferred this to Arizona I don't know if if that will happen I'm interested on if they will tack um this on when she gets released so if the goal is that this taxs on to her release from prison defendant shall enter and successfully complete any treatment or counseling program as recommended by probation submit to DNA she's already done that because she's in prison shall pay the $75 Crime Victims reparations commission fee as well as the $5 domestic violence fund fee uh as to each count in New Mexico I wonder if that applies to all felonies um the maximum for this penalty is eight uh 18 months imprisonment so carrying a firearm into a liquor establishment carries the same maximum penalty as the case she's in prison for now um the negligent uh homicide so that's interesting or the unintentional um homicide the invol but same same same 18 months any basic sentence for felony may be altered up to onethird for aggravating or mitigating defendant if convicted shall provide a biological sample potential incarceration if the court accepts this agreement the defendant will be ordered to serve a period of probation within 24 hours defendant must check in to the probation at the probation and parole office upon her release from the Department of Corrections so this will tack on after she gets released um so once she is released from her prison sentence then she has to do probation on this she will also be on parole at the same time so it will serve at the same time if probation is later violated in any way the state may seek to incarcerate her so the sentence is deferred if defendant is incarcerated on a serious violent offense as amended then the statutory Provisions as to earn meritorious deductions shall apply and then they go through the cap the charges to be dismissed there aren't any um absent any violations such as the described in the sentencing agreement above the state will not bring additional habitual offender proceedings against defendant except as outlined in the sections labeled below um they're saying look she does not have a substantial prior record the prior is the case that happened after so the rust case happened October 21st that happened after this so you can't use this sentence to tack on to that after and they're not going to reverse that either um waiver of inperson Confrontation at Future probation revocation hearing interesting if the court grants defendant probation and if at any time defendant transfers probation outside of Santa Fe um and they have a hearing to Forfeit probation she waves her in-person right to be there so she can appear via Zoom or what have you uh waiver of defenses and appeal like murder remember remember when he waved his appeal rights and then we're like your honor can we appeal the sentence no waiver of defenses an appeal unless this plea is rejected or withdrawn defendant gives up all motions defenses objections and requests which defendant has made or could make concerning the Court's entry of judgment um if the court rejects The Plea then the case can go to trial it's going to be certified and signed let's see I understand that the state may void any sentence agreement including any cap on incarceration if the state or the state may choose to withdraw the agreement if and this is if Hannah fails to appear for the PSR report 60-day diagnostic or other scheduled hearings violates any law violates any condition and the drug and alcohol conditions are often what will get people on those if they um if they test dirty while they are released that's often what will violate uh conditions violate any condition of release parole or probation fail to comply with any other applicable applicable court orders fail to turn yourself in after being served um and that's about it so they're going to have her sign it bulls will sign it morisy will sign it the court will probably approve this she's already in custody um and then we will see this judge sign it this is a different judge than presiding over the two current cases and the current cases I am discussing are Baldwin's case that is done but there's new motions and Hannah's case um so 61% of you want to talk about Carrie morresy first I was going to talk more about bulls but the chat wins look there were over 2,000 votes the chat has won 61% of you wants to talk about Carrie morresy wild and out first so we're going to talk about Carrie morsy wild and out first that's just that's just what we're doing today anyway to summarize Hannah Gutierrez took a plea deal on the carrying a weapon in the bar and will'll do the formal probation after she has released on parole it will run in Con in conjunction with her parole um let's see before we get to that topic um let's see if I can find this quickly and easily if I cannot find this quickly and easily then I will move on and we will come back to the um bar gun case later because it had been in one of the filings but I don't see it uh quickly so we will we will come back to that I will share it with you guys I uh don't imagine it was one of the weapons from the set but I am curious if it was one of the weapons from the set it would have come up in her trial if it was one of the calibers from the set it would have come up in her trial because they already had the evidence on that so I imagine it was a more modern weapon and was a uh um not the same caliber as what they were using on set but she's still bringing live ammunition and personally carrying a firearm when she's going drinking it shows an incredible lack of responsibility and respect for uh weapons the severity of weapons in the danger people make bad choices when they're drinking it why why do you need to be armed I just the the level of decision making today the the decision- making that's happening has me questioning everything and the person whose decisions I'm questioning right now are going to be Carrie morrisy cuz uh Road So Far - Alec Baldwin Case ma'am for those of you that watched the Baldwin case with me here on YouTube go ahead and put a one in the chat if you watched it here and aren't subscribed maybe do that you Shameless YouTube plug but we all watched me lose my mind for an entire day on day three of the Baldwin trial in the morning I think I said something to the effect of well this looks like the defense throwing everything up against the wall to see what sticks when they made their motion to dismiss and then Midway through the day I went wait the judge the judge might Grant something here and then by the end of the day I was like oh my God what do you mean the other special prosecutor quit at lunch and then by the time the case got dismissed I was I think I just sat like a fish go with my mouth going like this going I I I don't know what to say like all day all day all day it was one of the most unbelievable turns of events that I have ever seen in a trial to get from day one and two where the prosecution was uh kind of trouncing the defense in the rulings that they got we saw the defense miscalculate how much of Baldwin's statements would be used and you saw the defense just scrambling going wait that's not what we thought was happening and then the next day they like Uno reverse with that motion to dismiss and the court grants a full hearing and then everything changes and it was stunning it was unexpected and the judge was like no I am putting my foot down this is unacceptable [ __ ] and the remedy for the unacceptable [ __ ] which is the Brady violation is to dismiss the case with prejudice and then the court made an incredibly thorough record on that and then brought the written order that we also covered together the written order was scathing the written order called out the crime scene technician and the crime scene technicians testimony called out special prosecutor morrisy called out the fact that there had been other Brady violations already in the case and the court went through all of the elements in that written motion and said yes this is a Brady violation and the only sanction or remedy for this Brady violation is to dismiss the case with prejudice with prejudice means it's done done so when the court went through that order the court evaluated look a jury veneer has been picked a jury has been seated Jeopardy has attached this is coming up midt trial this is a Brady violation there was testimony on the record that was not true from the crime scene technician the prosecution already withheld reports of an expert from the defense and now we're here and they all opened up the manella envelope together and the rounds that were not anything like the rounds on the set of rust actually had rounds that were like the rounds on the set of rust and the court was down in the well with gloves on looking at the ammunition and then all of the sudden there was body cam footage and then all of the sudden that supplemental report was under a whole different case number and there was no notification in any of the reports that this had happened in a separate report under a separate report number yes things can happen under separate report numbers but normally there's a report that like Bridges the gap between the two and says hey this is under a separate number for this reason so we're noting the five on this case number that this thing exists on the other case number that wasn't done Carrie morrisy said she had never seen the report and then she testified and she was like well actually you're on her and the judge is like well actually nothing I'm dismissing the case stunning and the court told the prosecutors at lunch that she was inclined to dismiss the case and Carrie still got on the stand after that and this motion from the parts that I have gone over and we haven't gotten to the law yet but from the parts I have reviewed on this motion she wants to relitigate these facts again and again and again and then I was flabbergasted when Carrie morresy was shading the judge in the response to bus's motion for dismiss bus's motion to dismiss is a whole different situation what BS knew or didn't know Troy being a bull's witness as it goes to Hannah different situation but in her response to that motion Carrie was like the judge misunderstands and the judge um shouldn't have dismissed it and I was like no you did not and now there is a full [ __ ] motion of no you did not ma'am this is wild I was absolutely stunned to see that da well special prosecutor I can't she is not a DA that special prosecutor Carrie morrisy has decided that she is going to actually file a motion for reconsideration what are you doing this was filed on August 30th but this was not on the court website until late yesterday so this is uh this is new new there are multiple documents of exhibits we will see what we need to go over in the exhibits we are going to go over the motion first I was going to summarize but then part of me is like do we just need to do the whole thing because there's a part of me that's like I think maybe we just need to go through the whole motion so we're going to get into it and then I'll I'll decide from there Emily where is your link why is your link why is the link not linking hold on I want to make sure I have the you know there we go 52 State Motion to Reconsider Dismissal with Prejudice Pages at the end here's what I'm hoping to see or here's what I'm hoping to figure out why is she filing this is she just trying to clear her name and relitigate this is there any legal ground for this to go forward I mean I don't have any idea how there could be any legal ground for this to go forward but is there any legal ground for this to go forward like are we citing case law that's going to Rattle me is Carrie morresy the legal scholar of our times and the rest of us have just been missing it I don't know we're going to find out together and are there alternative motives here um based on what she's asking for at the conclusion of this motion because this is not just asking the court to reconsider she is asking the court for a few other things I can't wait to see what you think of those other things so ma'am this is this is a Wendy's what are we doing like dismissed with prejudice after Jeopardy attached in a criminal case means you're done like done like done you're you're so done there's no do not pass go I've never seen a motion like this I've never heard of a prosecutor filing a motion like this like you don't get to to appeal this anyone can file anything yes but there might be sanction I am so curious if Baldwin's attorneys when they respond to this because they have to respond to this if they are going to ask for sanctions why are we not done State's motion to reconsider dismissal with prejudice introduction on July 12th 2024 has it been that long has it been has it been since July on July 12th 2024 the court dismissed the above caption case with prejudice period done you're done good work everybody we're done here that's it done dismiss the case with prejudice during trial for Discovery violations yeah Brady violations namely that the the state's failure to disclose ammunition collected by the Santa Fe Sheriff's Department on March 6 2024 from Troy tusky yes you have uh you have read that correctly the state asserts that there were insufficient facts to support the Court's ruling and there was no violation of the defendants due process rights you've argued that multiple times now and uh it's not been persuasive just saying it again isn't going to help I'm going to have to start quoting uh Heather du bro Fancy Pants she's like sometimes when everyone says that you're dead it's time to just lay down like we need we need to just lay down at this point dismissed with prejudice after after Jeopardy attached this day I I am if if there is something in the law I'm missing I'm I'm hoping to be educ ated in this motion tell me the law that allows for any of this to happen cuz I will be fascinated just fascinated maybe there is something that's just glaring that nobody else knows I mean sure specifically the state asserts that while the state may have suppressed the ammunition ma Ma'am why are we here why are we here why are we here why are we here specifically the stat starts that well the state may have suppressed ammunition ma'am I mean we didn't exactly turn over evidence but your honor we should still get to do this trial again this a bold strategy um while the state may have suppressed the ammunition from defendant Baldwin the defendant was aware of the existence of the ammun ammunition and the specific characteristics of the ammunition prior to trial I don't think that's um the the standard or the law I don't think that's the law and uh I look I also believe that the defense knew about the Troy tesy ammunition but the defense had not seen it the defense had not examined it the defense did not have a report about it the defense asked do we have all the reports have we seen all the evidence the defense went on an Evidence View and this was not disclosed for them to them to take a look at it does not matter that BS told Baldwin's attorneys BS and Baldwin's attorneys had a mutual defense agreement that was filed before trial that allowed them to share information that is otherwise privileged any information that Baldwin's defense team had is work product it's privileged and it is the job of the state to turn over any potentially exculpatory evidence that's the state's job it doesn't matter if the defense knew and for the entirety of this argument I am assuming that dead ass the defense knew all of it but they hadn't seen it because it was locked in an Evidence locker and they hadn't seen the report of about it and the report described it even Carrie morrisy hadn't seen the report about it so it does not matter if a codefendant or another defendant tells you the state has an obligation to disclose and just because you knew doesn't mean it's absolved when this comes out during trial that's not how it works the only reason the discovery violation was discovered you're mad cuz you're caught but the only reason it was discovered is because BS told Baldwin's attorneys prosecutors can't do this this is a and the sanction when prosecutors and police get up to [ __ ] is that you don't get to prosecute the case but at least she's like yeah the state may have suppressed evidence no big deal oh it goes on to say this um the defendant was aware of the existence of the ammunition and the specific characteristics of the ammunition prior to trial I don't think they knew the specific characteristics at all but I think it's irrelevant the ammunition is not favorable to the defendant and is not material to his defense you don't get to decide that the court already decided this and I think it is material to his defense whether it would have worked or not is not the evaluation here but here's how they're going to argue it's material to his defense part of Baldwin's defense was that the investigation was zeroed in on Baldwin they were just going after Baldwin and this their defense their argument at the end of all of this was going to be this was essentially a Witch Hunt they wanted the shiny object they even said it in opening statement the shiny object was Baldwin and they just wanted to look at Baldwin and they didn't care where where the live rounds came from they didn't care how this set was unsafe they didn't care about anything but Baldwin and showing that evidence wasn't evaluated indicates that they were so laser focused on Baldwin that everything else was irrelevant they didn't want to look into anyone else that is how they argue it in their defense they argue and this is like every defendant ever argues that the investigation is bad it's one of the key defenses hey the investigation was bad you didn't do things right it is more impactful in some cases than others but the investigation was bad is like step one so yes it's something that they were going to argue so she's saying it's not material to his defense the court decided that it was moreover the state requests the court ordered defense Council to provide a description and all documents related to when and how they learned of the tesy ammunition so that the court May properly consider Prejudice to the defendant the court found that she didn't have to consider Prejudice to the defendant that's not the standard the court found that's the court doesn't have to consider Prejudice to the defendant that's what she said in her order also um are you friends with with the judge in Georgia who tried to do this this is work product you can't you can't request the court to turn over work product of the defense it's work product it's privileged the court can't make the defense turn that over the defense is not obligated to turn it over car's Carrie sitting sitting here going like name them tell me who told you tell me who told you we know Bulls told them it's but it doesn't matter this is wild that this is the argument defendant oh let's see moreover the state requests that the court order defense Council to provide a description and all documents related to when and how they learned of the tesky ammunition work product so that the court May properly consider Prejudice to the defendant and a record for possible review by the higher Court can be created you're telling me that you want to set up an app pellet record on this this is what you want to appeal it's not going to get better this this is going to continue to get worse she's she's going to appeal this the Court's going to deny this and she's going to appeal this oh boy oh boy finally the state requests that the court reconsider the language in the Court's order granting defendant Baldwin's expedited motion for dismissal dismissal and sanctions under Brady and jigloo and Rule 5-51 concerning the veracity of witness Marissa Popple um I don't think the court is going to be inclined to walk back the stern language about pole the language about paull was incred rly strong because the court found that papp's testimony to the jury was untrue because popp's testimony to the jury was that all of the rounds she took from Troy tesy and checked into evidence were dissimilar to the rounds found on the set of rust and when they opened up the bag and dumped out the rounds what they found were some of them were similar and the report said it too [Music] so um for those of you asking in the chat is Popple on The Brady list yeah popp's going to have yes and Poppel is going to have a very hard time testifying on any of the cases uh that she worked on because of this court order so she's trying to like walk back that court order the Court's not going to walk it back the court is going to be like no that's what happened and I'm sure Popple has worked other cases and those other cases will be impacted by this testimony but Popple should have reviewed the reports before she testified it's in the report review the report and then you know it's there it's not papp's fault that the da didn't turn [ __ ] over that's the DA's fault it is popp's fault that she did not review her report so she could testify accurately and then instead of saying I'm unsure she testified no they're not the same those two things are unclear she didn't say I would need to review my report she could have she didn't facts of the case we're on page two this is going to go on for 30 pages I don't know how much facts of the case we need some of them going to stick it some of them were just I can't I can't hear it again it's like arguing with your kid and you're like the answer is still the answer why are we having the same conversation over and over again on October 21st 2021 Helena Hutchins was shot and killed Joel Souza was shot but survived shot and injured uh during a rehearsal for a scene for the movie rust Hutchin and Souza were shot after Hannah Gutierrez loaded alive round into a real gun that was being used as a prop by the actor Alec Baldwin oh did I spell Alec Alex in the thumbnail and in the title I probably did Emily did you yeah I think I did it's all right we'll fix it and post I was thinking of Alec Murdo today because he was uh on my list also his name is Alexander Baldwin why are we calling him Alec with a c either way we'll fix it and post safety Pro protocols a movie set ammunition live ammo shouldn't be on a movie Set there we've summarized it to fully understand the facts of the case against Hannah Gutierrez Alec Baldwin and Dave halls and for the basis of the Court's order of dismissal with prejudice one must understand the standard safety protocols for guns and ammunitions on movie sets again we're going to go through this from the very beginning again without this foundational knowledge the criminal prosecutions of Gutierrez Baldwin and Halls may seem counterintuitive at first glance first real guns are routinely but not always used as props on movie sets with storylines that involve Firearms the film industry unions prolongate and publish written safety protocols for the casting crew the different types of ammunition commonly used on movie sets especially Western genre films are blanks and dummies blank rounds are cartridges that contain a Charged primer and gunpowder or some type of explosive material but do not contain a projectile these rounds are used to mimic real ammunition as they create a flash a bang and smoke blank rounds come in several different load types depending on the level of bang Flash and smoke that is desired in the scene blanks are dangerous even though they are missing the projectile and are well known within the film industry to cause injury when shot too close to a person or if a accompanied by a barrel obstruction if there is a pebble or other obstruction in the barrel of the gun the explosive charge of the blank can shoot the obstruction just as it would shoot a projectile a blank round accompanied by a barrel obstruction is what caused the death of Brandon Lee on the set of the crow in 1993 and you cited Wikipedia I don't know about y'all but I have a kid in high school I went to high school in the stone ages we weren't deting all of this we had to go to like the library and type things I actually took it typing class in high school on typewriters um but um I'm pretty sure my kid is not allowed to site to Wikipedia so I I don't know if it's legally proper to site to Wikipedia I don't think that's allowed um for all of you a lot of you are like yeah um same at our house you can't site Wikipedia Wikipedia is not a source Lexi uh in the chat said English teacher here hate hate hate yes you can't you can't site Wikipedia my uni professors would have failed me for that I think legal writing professors would fail people for that there has to be some kind of a study done on this case artsy Nina said I cannot cite Wikipedia APA rules see cannot cannot site Wikipedia but okay dummy rounds are fake ammunition dummy rounds have a variety of configurations and are designed to look like real ammunition dummy rounds have a brass casing may or may not have a primer we know all of this dummy rounds are made designed to make it look like the actor is handling real ammunition or has real ammunition loaded into a revolver because on a revolver you can see um the ammo inside the barrel uh let's see dummy rounds typically have a hole in the side of the brass casing that demonstrates there's no gunpowder present or they have a BB inside fully enclosed casings that rattle when they are shaken we know so much about this at this point um we now have a photo of Baldwin pointing a gun at a camera showing that there are dummy rounds visible in the barrel of the revolver are we writing a high school presentation about this what are we doing the use of live ammunition on movie sets is discouraged um I imagine that you can't use live ammunition um on movie sets like ever I I would think it was I I think it would be like forboden the use of live ammunition on movie sets is discouraged and is regulated by the safety bulletins attached in the states exhibits to ideally live rounds should not be present on movie sets but are occasionally permitted as eviden by the safety bulletin ProMag roles of pertinent Cass and crew they're now she is now going to break down whose job it is to do what the first ad has many responsibilities including participating in a final safety check of the firearm yeah that was Dave Halls actors on movie sets that involve real guns are responsible for safely handling the gun when the gun is in their possession actors are required to follow basic firearm safety rules as outlined in the published safety protocols attached here to a States exhibit one the safety rules are simple one treat all firearms as if they are loaded two do not play with or engage in horse play with any Firearms three never point the firearm at anyone four never place your trigger never place your finger on the trigger unless you are ready to shoot um keep your finger alongside the the firearm and off of the trigger follow those safety protocols with the respons following those safety protocols with the responsibility of Baldwin we know why you were Prosecuting Baldwin it doesn't matter if he participated in the safety check or not it matters that he pointed it at someone with his hand on the trigger but but and then it talks about Miss Hutchin and Joel Souza um for Miss Hutchins and Mr susza to have been shot Gutierrez and Baldwin and Halls all failed in performing their duties and meeting their responsibilities that I do agree with it would be it would be for the jury to decide whether the failure of the defendants reached the level of reck recklessness required by the elements and instructions Miss Couer failed by bringing live rounds onto the movie Set and loading a live round into Baldwin's gun Halls failed by not participating in adequate safety checks and ensuring that all rounds placed in the gun by guer were a nert he falsely notified the cast and crew that the gun was cold and you gave him a ple deal for a misdemeanor with like no probation Mr Baldwin failed By ignoring the enumerated safety protocols as described above there is video evidence of Baldwin ignoring these safety protocols on numerous occasions during filming um of the movie and engaging in horse play with his firearm on several occasions some of those videos were not going to be admitted at trial though four other important people in this case are Sarah Zachary Seth Kenny Reed and Troy tusky the court knows I know are you writing this for the appet court at this point Zachary was assisted by Gutierrez and Nicole Montoya Seth Kenny was the supplier of the guns and some of the ammunition used on set Seth Kenny supplied all of the guns blank ammunition and one box of 45 caliber dummy rounds that were visibly dissimilar to the two boxes of dummy rounds Supply by Gutierrez Kenny also obtained a box of dummy rounds from an outside supplier that were not 45 only 45 caliber rounds are material to the case against defendants B Reed is The Stepfather of Gutierrez and has been a longtime Hollywood armorer and gun coach Mr Reed is now well into his 80s and his and is in his 80s and has resided in Bullhead City Arizona for many years according to Gutierrez and Reed Mr Reed trained Gutierrez how to be a set armor and what are why aren't we talking about Baldwin oh we because this gets into all the troit tesy drama according to miss Gutierrez and Mr Reed Mr Reed trained Miss Gutierrez how to be a set armorer it is worth noting that Miss goutier has acted as an assistant to Mr Reid on only one movie in 2016 Troy tusy is a former police officer with the Bullhead City Police Department in Bullhead City Arizona and a close friend of th Reed tesy stores guns and ammo for th Reed introduction of live ammunition to the set of rust this is the States Theory this is we're just car's Gone full mention at all how do we know that Miss guer has brought live rounds onto the set and loaded the live round into the gun it really is this is this is jumped the shark of legal writing into just writing an essay on what happened in this case there's no law yet like were it P somebody wake me up when we get to the law cuz what no one has explained to me Carrie is how you can ask for what you're asking for I mean yes anyone can file anything but you you have obligations as a lawyer to not file meritless motions so can you tell me why tell me why tell me why you have the legal grounds to do this I'll go full darl Brooks up in this [ __ ] grounds where are the grounds where are the grounds how are you under what law are you filing this motion stop retiga the facts and tell me the law that allows you to ask for this but here we are litigating the here we are going through the facts again how do we know that Miss gueras brought live rounds onto the set and loaded the live round into the gun the supportive evidence is Miss gutierrez's own statements and the testimony of other Witnesses Gutierrez admitted loading the gun right before it was handed to Mr halls and subsequently passed on to Mr Hall Mr Baldwin moreover Miss gutier is admitted to bringing two boxes of purported dummy rounds onto the set from the previous movie she worked on in August 2021 um [Music] I I give me one second I had to ask a question uh thank you guys sorry about that my brain buffered uh real quick for a second so there she is arguing again what was proven at gutierrez's trial from the perspective of the prosecution the jury did not have to decide any of this the jury did not have to um find any of this the jury simply says with their verdict Hannah's job was to check the gun Hannah didn't check the gun Hannah said in her police episode I wish I checked the gun more that's the most relevant part of the trial as it goes to Hannah Miss cucher is admitted loading the gun right before it was handed to halls and subsequently passed to Baldwin moreover Gutierrez admitted to bring bringing two boxes of purported dummy rounds to the set from the previous movie she worked in August 2021 on October 20 1st 2021 when police arrived at Bonanza Creek Gutierrez identified the box of supposed dummy rounds she was using to load Baldwin's gun the Box had a unique label and was found to have one live round inside of it and two live rounds sitting next to it on top of the utility cart used by gueras to store guns and ammo um we saw a lot of this in trial we saw photos of this box they were easier to see at trial than they are in the um black and white photos photocopied seven times but we did see them at trial mus Gutierrez was later interviewed by detectives she showed detectives a photo of the box of dummy rounds that she obtained from her father so that detectives could see the type of box she brought on to set it was identical to the Box she identified as the box of dummy rounds she was using to load Baldwin's gun that contained the live round and that's the Box we saw it tra ah sorry I'm out of water um I apologize to everyone whose ears were offended by that Emily are we just hydrating yes because my brain has my brain is buffering we need hydration like always need hydration these boxes were dissimilar to the other boxes of dummy rounds provided by Seth Kenny and his suppliers dummy rounds 45 Long CTS dummies um and we haven't seen these are the ones with the JS label she says are dissimilar additional circumstantial evidence that Miss G is introduced live rounds to the set of rust is that miss guer is requested to shoot live Raam live ammunition out of a real prop gun on her previous film the old way I don't think this came in at trial I don't remember this coming in a trial maybe it did but do not remember off the top of my head these texts are incredibly difficult to read but it says can I shoot hot rounds out of the trapo and that's a text from Hannah to Seth Kenny and Seth Kenny responded never shoot live ammo out of TV guns only blanks the response to that is it's a serious mistake always ends in tears prior to the beginning of work on the set of rust Gutierrez told Kenny that she had obtained live ammunition and there was a text exchange between Gutierrez and her stepfather th that supports the notion that she was actively trying to obtain live 45 caliber ammo finally it was discovered that Miss gutier submitted an invoice to R productions for a device called an inertia puller that did come up at trial an inertia puller is designed for one purpose the disassembling of live ammunition in November 2021 Gutierrez took two photos of ammunition referred to in later text messages as being live ammunition excuse me and the ammunition depicted in the photos appears to be a match for the live rounds found on the set of rust these didn't come up until the hearing with regard to the tesy rounds during Baldwin's case these did not come up in um in gutierrez's case there is absolutely no evidence that the live ammunition was planted on the set of rust by a sabator or provided by Kenny or Zachary all suggestions that live ammunition was planted um by a sabator or provided by anyone other than Miss gutterz is rank speculation I mean the defense is allowed to like tell the jury there's a reasonable alternative see it's called Beyond A Reasonable Doubt and what the defense is allowed to do when they defend a case is try to raise a reasonable doubt that doubt has to be grounded and based on facts it can't just be um based on rank speculation but we heard enough testimony from Seth Kenny about the mixed rounds that he and th had when they did cowboy camp that I think there was room for Baldwin's attorneys to argue whether the jury believed it or not whether it ever mattered to the jury or not is different but I think there was room to to argue that it wasn't Hannah I don't think how the live rounds got into the gun matter for Baldwin's trial but here we are Carrie goes on to say ultimately there were six live rounds located on the set of rust in various locations one was placed in the gun that killed Miss Hutchins and injured Joel Souza one live round was found in Baldwin's gun holster one live round was found in Jensen eckl's gun holster the holsters were designed with leather loops intended for the storage of extra ammunition right because it's that type of a movie it's a western as mentioned above one live round was located in the box of supposed dummy rounds being used by goeras to load Baldwin's gun two live rounds were located next to the box of dummy rounds on the utility card the state demonstrated in painstaking detail during the trial of Miss Gutierrez that the live rounds were present on the set long before October 21st and as early as October 10th the photo October 10th shows a 45 caliber around with a silver primer in the same box uh in the same box that Miss gueras was pulling rounds from that she loaded Alex gun with on October 21st and the round with the silver primer is in the exact same position on October 10th where it was ultimately found by law enforcement October 21st yes she went into this in trial why are we doing it again like why she was saying all the live rounds have started Starline brass casings silver primers and identically shaped projectiles with a 6mm um met plate the Met plate the whatever the tip the nose of the projectile the cone the reason she's getting into this is to say that as I'm sitting here going tell me why Emily you know why she is getting into this to say that the tesky rounds aren't connected to this case at all and therefore the judge was wrong even if the judge is wrong it's been dismissed with prejudice I don't think there's anything you can do arguendo okay judge was wrong and Jeopardy attached dismissed with prejudice you can't go back and get a a retrial you can't refile it you can't get a mistrial it is worth noting that Starline brass only manufactures brass casings I know more about Starline brass than I ever wanted to know in my entire life as a test undersign Council asked her ballistic experts Michael hag to see if he could purchase rounds with all of the same characteristics from a local gun store hag was easily able to locate and purchase a box of 45 caliber ammo with these characteristics from a local gun store in Rio Rancho New Mexico a single box of dummy rounds provided by Mr Kenny were distinctive in their appearance as the brass casings were heavily antiqued giving them a dark bronze color and not a shiny Brown brass color the dummy rounds provided by Mr Kenny also had Starline brass casings and silver primers but most had projectiles with 4 mm cones none of the other dummy rounds located on set had silver primers in some all the rounds located on set with silver primers were either dummy rounds provided by Seth Kenny or live rounds and some of the rounds provided by Troy tesky had silver primers the two can easily be distinguished by the dark bronze color of the dummy rounds provided by Seth Kenny and the Kenny dummy rounds had a BB inside that rattled when they were shaken are we just in defense of Seth Kenny right now what the [ __ ] are we doing immediately after the death of Miss Hutchins Jason BS I mean how immediate was it how did Hannah already have an attorney it couldn't have been immediately I take issue with the word immediately it couldn't have been immediately it would have taken her time to like get a lawyer immediately after the death of Miss Hutchins Jason Bulls Council for Gutierrez and Alec Baldwin began blaming Mr Kenny for introdu introducing the live rounds to the movie set all right everyone involves going to blame each other like are we new here that's that's generally what happens also Mr Kenny was the supplier it is a reasonable question how the first question when all of this goes down is how the [ __ ] did live rounds get here that is question number one and who are they they going to look at first and ask that question the person who supplied all the rounds a reasonable question okay I mean why are we all offended that they were blaming Mr Kenny I mean I'm not why why are we why are we maybe there's a reason they were asking questions but they say Miss Gutierrez and Baldwin began blaming for introducing live rounds to the movie Set Baldwin made statements to the media to cast suspicion on Mr Kenny are y'all still sus about Kenny I still have questions personally I still have questions I still have questions and it keeps getting worse every time I see him talk I have more questions the only one that didn't seem suspicious of him seems to be detective Hancock and Seth Kenny was trying to direct this investigation from the first second he talked to Hancock so it's not like everybody wasn't playing the same game Kenny was trying to point at Hannah Baldwin was trying to point at everybody Hannah was trying to point at everybody that wasn't her and all of their lawyers were on the phone with Detective Hancock all the [ __ ] time Bulls talked to Hancock like 40 times everyone was playing that game we've left some things out out here it seems Mr Baldwin made statements to the media that cast suspicion on Mr Kenny Mr Bulls immediately began speaking to the lead detective with Santa Fe uh County Sheriff's Alexandria Hancock and telling her his theory that Mr Kenny introduced live rounds to the set of rust through his dummy rounds or through Sarah Zachary in an attempt to have Miss Gutierrez terminated from her position as armor yeah and then he filed a whole ass civil lawsuit about it with like all of the allegations in there but that's what everybody did in this case and Hancock listened to what everyone had to say bus told detective now Corporal Hancock that Mr Kenny was in possession of live 45 caliber ammunition that was provided to him by Miss gutierrez's father th Reed and it seems like there's some questions about it because he had mixed rounds that came off of the cowboy Camp from 1885 that's what he testified to during this whole freaking Brady hearing and he just didn't know where they went and then they were put into the like the green ammo can that was empty a month later when law enforcement went to go search it but he had had them at some time so yeah there's questions in undersigned council's opinion well thanks for your opinion Carrie Mr BS provided this information to Corporal Hancock for two reasons first demonstrating that the live rounds were introduced to the set of R by someone other than his client um benefited his declin by deflecting blame away from her obviously but like um isn't that the job of the defense attorney isn't that literally bus's job to be like the rounds could have come from here also I will still maintain and I have not changed my mind where the rounds came from aren't as relevant as the fact that she didn't check the rounds if live rounds had ended up on set from someone else or fallen out of the [ __ ] Sky she still has to check the rounds it's her job to catch that that has happened you that is your job so even if they came from Seth Kenny it matters more for whether you prosecute Seth Kenny than it matters for Gutierrez oh my God it do it it matters that she didn't check that's the why are we missing the point so Hannah's defense attorney saying maybe Seth brought them on set was to deflect blame away from his client literally his job though he also brought her in for that police interview that was used very effectively against her so you know second it was true that Mr Kenny was provided live 45 camera caliber ammo by thel Reed two and a half months before Miss Hutch's death and Kenny did Supply one box of dummy ammo to the set of rust so he was a potential source of live ammunition right that's what I'm saying she goes on to say investigating whether the live round were introduced by Mr Kenny was an appropriate Avenue of Investigation by law enforcement and the prosecution yeah agreed so this was an appropriate Avenue not because it was particular particularly Germain to the issues in Baldwin's case but because it was relevant to whether Miss gutierrez's negligence contributed to the introduction of live rounds on the set well her negligence was not checking but alas I digress we see this differently um um it goes on to say in addition to clear her negligence recklessness of loading the live round into a real prop gun in the rehearsal by an actor the source of the live rounds was important to the victims and their surviving family members who wanted to know all the circumstances surrounding this tragedy it should be noted that Mr Kenny never denied possessing live 45 caliber ammo and turned over a sampling of six rounds of the ammo in his possession to the Sheriff's Department on November 19th like a month later a month later after he knew what all the ammo from the set looked like I wonder if we're going to see more [ __ ] come out about this in the civil lawsuits I really am curious as to how how much more are we going to learn it goes on to say appropriately are you vou are you vouching for your Witnesses I mean you're not allowed to do that at trial are we just doing that in this motion appropriately Corporal Hancock received the information from Mr bulls and ultimately executed a search warrant on Kenny's business in Alber kque that should have been done within days of this happening once you clear the scene of cour a lot of you in the chat are not law enforcement isn't it just logical that you want to track the source of where live ammo came from and to do that you search the supplier like we don't have to be detectives to decide that this needed to happen appropriately Corporal Hancock received the information from BS and ultimately executed a search warrant on Kenny's business despite his willingness to cooperate and surrendering a sampling of live rounds a sampling that he picked he chose you don't let Witnesses cherry-picked the evidence oh I downloaded some of my text messages before I rehomed my phone here's what we found relevant no you don't let the witnesses decide what the evidence is especially if those Witnesses could be suspects that's not that's not how any of this works the search warrant was not executed until November 30th primarily becau primarily because there was a steep learning curve for law enforcement to climb never having worked or studied any of the issues related to the use of real guns and the types of ammo used in movie sets don't [ __ ] [ __ ] me are you joking me with this I don't doubt that law enforcement had a lot to learn about movie sets before deciding to charge anybody however The Logical conclusion when you have someone shot with a live bullet on a movie set the first question is where did the bullet come from and you look to the armorer and then to the supplier those are your first questions and then you you can have a search warrant there's probable cause there probable cause someone was shot and killed on a movie set this is the person that supplied the ammunition to the movie Set warrant go search that's not that's not hard then you can determine whether or not someone should be charged but you need to find where the where it came from you don't need to determine all the issues related with movie sets obviously live rounds shouldn't be on a movie set and once you've interviewed Seth Kenny because the man just started talking and he said no we never supplied it go double check no he's like here you go here's here when the sheriff's department executed the warrant on PDQ props they found 74 rounds of live 45 caliber ammo in Mr Kenny's possession that he had previously acknowledged possession of when speaking to law enforcement all of the live 45 caliber ammo taken from PDQ props was visibly dissimilar to the live rounds located on the set of rust and what Baldwin's attorneys will argue at that time at that time a month and a b later and this is these are those rounds and the cone shape is visibly dissimilar despite the fact that live ammunition from PDQ was obviously dis obviously dissimilar ma'am you sat in court under oath and said that the rounds that were taken into evidence by the crime scene Tech from Troy tesy were obviously different and when everybody opened up the package that wasn't true the strong language is just wild despite the fact that live ammo from PDQ was obviously dissimilar to the live ammo taken from the set of rust law enforcement sent the live ammo from rust and PDQ to the FBI well thank God that we're here the FBI oh I had that turned way down the FBI the FBI determined that the gunpowder inside the live rounds taken from PDQ is vastly dissimilar from the gunpowder taken in the live rounds from rust yes we know the shoot Loops versus the discs yes yes source of the PDQ live ammo in August 2021 th and Seth Kenny were asked by the producers of the TV series 1883 to conduct firearm training with the actors working on 1883 at a private shooting range in Texas that was located near the set of 1883 in August 2021 Reed and Gutierrez drove from Bullhead City to Albuquerque to meet with Kenny Reed brought with him 325 rounds of live 45 caliber ammo to use at the Cowboy Camp Mr Kenny Mr Reed and Miss Gutierrez met in Albuquerque New Mexico where they gathered their equipment before they ultimately split up Kenny and Reed drove to Texas for the training Gutierrez drove to Montana to Montana no Emily Montana to begin her first job as armor on the set of the old way Kenny and Reed took all 325 live rounds to Texas to train the 1883 actors on gun techniques with live ammo at the conclusion of the 1883 training there were 80 live rounds left over those rounds were driven from Texas back to Albuquerque by Seth Kenny and stored at PDQ this is the problem and stored at PDQ until they were seized by the sheriff's department on November 30th as mentioned above the live ammo taken from PDQ arm and props was surrendered previously by Kenny was visibly and chemically dissimilar to the live ammo found on the set of rust and consisted of rounds with brass casings from the manufacturer Starline SMB BHA RP and AP of the 80 rounds only one had a silver primer and it was housed in AP brass casing not Starline nearly all of the live rounds taken from PDQ have projectiles shapes called semi wad cutter and the semi- wad cutter projectile is dissimilar from the projectiles from the lives on the side of rust none of the live rounds taken from PDQ were a match for the live rounds taken from the set of rust it's worth noting that Mr Reed was interviewed telephonically by law enforcement and agreed that the live ammunition taken to Texas had semi-wadcutter projectiles and then we have a photo of a semi- wad cutter that looks like a crayon in addition to being a colleague of Mr reeds in the film in Industry Kenny was also a friend of Reed and tusky Kenny knew that tusky stored Reed's guns and ammo for him because Reed did not have a secure storage facility okay okay where we haven't gotten to the law yet we haven't gotten to the law we're on page 25 in the beginning of November in the beginning I mean I feel like we've started at the beginning of time in the beginning of this is why I don't wear this lip gloss there are some lip glosses I really like but then the more you talk they get like not delightful today was one of them all right we're Switching gears I I don't have enough lip gloss in the [ __ ] world for this motion today like where is the law all right what what we're talking about everybody's friendship I mean did they go to the bar did they sit at high top tables what did they order to drink was it a like a vodka soda with Crystal Light like what what are we doing was it snowing Mr Kenny was trying to determine where the live rounds came from on the set of R oh yes Mr Kenny was full [ __ ] detective on this he was texting everybody Mr tusky responded with a photo of four different types of 45 caliber ammo that belonged to Mr Reed and was purportedly left in Arizona and not transported to New Mexico and Texas New Mexico and Texas we saw this during the hearing I checked a bunch of rounds these are the four different types that I could find this is from Troy defuzz tusky during this text exchange tesy was asked by Kenny if any of the remaining rounds belonging to Reed had nickel silver and color primers and tesy responded no um and here's the text messages I checked a bunch of the rounds these are the four different types that I could find Seth Kenny yep it's evidence in the accidental death Kenny who the [ __ ] deputized you Troy tusky okay also Troy you're a former cop why are you going along with this Kenny uh this sucks because she's seriously trying to blame everyone else for her mistake oh my God Troy you're not GNA believe it like Hannah is seriously trying to blame everyone else it just sucks can you send me a photo of your ano because like I want to make sure that um they're not looking at me like this is all on Hannah G what in the world who is she Hannah from Troy tusky Hannah did you s any rounds in either box with nickel primers no Mr tesky statement at the time was evidence that Mr Reed was not in possession of live rounds similar to the rounds on the set of rust I mean it's his statement like heard it from a friend who heard it from a friend who heard it from a friend during the initial law enforcement investigation into the death of Miss Hutchins Bulls asked Hancock to collect the remaining 45 caliber live rounds in tusk's possession and send them to the FBI protesting the FBI Hancock decided not to C excuse me Hancock decided not to collect the rounds um because the photos and text messages from tesky to Kenny demonstrated that the rounds in tusk's possession had no relevance to the case remember all of this and she testified like well he wouldn't call me back and like without him calling me back I'm just not going to do anything okay but once you have them like but once you have them then you have to do something with them and that something is tell the defense Corporal Hancock decided not to collect the rounds for testing fine if it had stopped there then it stops there but it didn't it most definitely did not stop there um let's see Hancock would have had to enlist the assistance of local law enforcement in Arizona to to collect the ammunition that seemingly had no relevance to the case Okay of the rounds belonging to th Reed that remained in Arizona none of them were ever seen or possessed by Seth Kenny in November 2023 unai Council conducted a pre-trial interview with troit she's just the point is not this in November 2023 Carrie morresy conducted a pre-trial interview with Troy tusky he was listed as a defense witness for Gutierrez during the interview tesy was flippant about any ma'am a bold to call anyone else flippant was flippant about any possible relevancy of the remaining 45 caliber ammo in his possession he stated that he and Mr Reed had gone shooting since the incident resulting in Hutchinson's death and quote had already shot most of it up if not all of it so in the interview tesy was a witness for Bulls tesy said in his interview with Carrie you know one of his closest friends the prosecutor of one of his close friends daughters um that they had already shot most of it up and it's not connected in January 2024 BS asked Council if she would have the ammunition in tusk's possession collected by law enforcement and tested by the FBI and they we're disinclined to acqu us to that request they're like send it to the FBI yourself Mr Bull sent a photo of the ammo in tusk's possession to undersign council and the photo matched the photo sent by tusy to Kenny it's probably the same photo the photo contained four rounds of ammo and all were visibly dissimilar to the live ammo found on the set of rust so how did similar ammo end up in the possession of Santa Fe Sheriff's that's what I want to know both photos the one provided by tesky to Kenny in 20 November 21 and the one provided by tesky to BS and to Carrie morsy in January 24 contained one cartridge with Starline brass casing brass primer and projectile shape dissimilar to the live rounds from the set of rust one cartridge with a brass CBC casing I'm not going through the rest of them one Winchester we know all of this from the hearing there is no evidence that any live rounds with Starline brass casings silver primers and similarly shaped projectiles were ever taken to Texas for the 1883 training or were ever in possession of Seth Kenny why are we talking about Baldwin like where it is Apparent from the previous statements of Reed and tesy that Reed owned numerous rounds of 45 caliber live ammo ammo that was comp uh comprised of a variety of different brass casings primers and projectiles the state concedes that some of these rounds were taken to Texas for 1883 however there's absolutely no evidence Beyond pure speculation Beyond pure speculation that live ammunition with the same characteristics of the lime ammunition from the set of Rust ever went to Texas for 1883 training or was left over and was taken back to PDQ so she's saying that the rounds that tusy gave to Santa Fe never left Arizona that's what she keeps arguing but that's for cross-examination though it can still be argued once tesy gives them to law enforcement Council still needs to know about them and then you argue this this is an argument to exclude it what should happen is if tesy comes to law enforcement is like hey these might be related law enforcement puts them into evidence writes a report says why they think they're not related turns over the report photos to defense lets defense examine them and then you make a motion to exclude in your motions and limony and say hey this is the chain of events this is where that ammo came from it is not relevant it does not connect to this case and it should not be discussed at trial and then you argue the motion and lemon what you don't do is check it into evidence put it under a separate case number and never tell anybody about it that doesn't work the fact that Mr tusky turned over live rounds with the same characteristics as the live rounds found on the set of rust that can be purchased at at any gun store two and a half years after Miss Hutch's death is immaterial to the case against Baldwin that's the point that's an argument for emotion in lemon this is especially true when you consider that on two occasions tesy provided photos of the different types of 45 caliber ammo in his possession and none of them appeared similar to the live rounds right then make a motion eliminate and say tesy is trying to manipulate evidence then do that but what you can't do is what happened here and that's the issue and they say Mr tesy specifically stated that none of the remaining rounds belonging to Reed in his possession had silver primers have an evidentiary hearing then regardless Mr Baldwin still handled his gun recklessly in violation of his own Union safety bulletins and New Mexico law okay but where's the law on why after it's been dismissed with prejudice we are even here Hannah's trial the trial of Hannah Gutierrez began in late February 2024 we've done so many trials this year and ended March 6 2024 during the trial unders sign Council was notified by BS that he would not be calling thel Reed or Troy tesky to testify on gas's behalf although both were present in the courtroom during the trial wasn't there a motion to exclude Witnesses no no exclusionary rule okay on March 6 after the trial concluded tusky went to Santa Fe County Sheriff's Department turned over the rounds of purported live 45 caliber ammo to the crime scene technician Marissa Poppel I mean it's not purported they are live rounds purportedly from the set they may or may not be from the set but I'm going to I'm going to pause my rage for a second to thank B2 for the gift of memberships thank you be too it's good to see you in the chat and thank you for the gifted memberships to all the um long long-term Watchers um up here welcome new members and thank you B2 so Michael thank you Jay Michael is like I also will be gifting 20 20 20 memberships thank you Michael it's good to see you in the chat I appreciate it thank you for the gift of memberships um it goes on to say that tesy went to the Sheriff's Department to turn over several rounds of live 45 caliber ammo to the crime scene technician Marissa Poppel that purportedly were connected but they are actually Li round a six-minute lapel video of the exchange was recorded by Lieutenant Brian brandle which nobody knew about until the middle of trial during this exchange tesy explained that he was asked to be a witness for the defense by bulls and was asked again to bring certain pieces of ammo with him from Arizona to the trial in New Mexico we know all of this the record is clear this record has been made over and over again it you can just refer back to the hearing transcript like we we're 31 pages in rehashing what is already in the record at nauseum tesy explained that when he arrived in Santa Fe he was told he would no longer be called as a witness and B's no longer one of the ammunition he was asked to bring after Bulls refused to take the ammo tusky decided to drop it off at the sheriff's department tusky explained that the ammo was not from the side of rust but was from a batch of ammo that Reed took to New Mexico and Texas for 1883 right and then you all have to argue about whether that happened or not but the defense still has to know about it tesky left 23 rounds of ammo with CST Popple three of the rounds had the same characteristics as the live rounds collected from the set of rust and that is the problem Lyndon thank you for the gift of memberships I appreciate it Carrie is having a a moment here and I saw more gifted memberships here from Kate thank you for the 10 gift of memberships Kate we're just making it reain members this is for the this is for all of you that show up for the documents because we've got some law nerds and no shade to the law nerds who are like I'm in it for live court hit me when we go to trial I get get it that's why we have an app we have an app so that if you're like eh I don't need to know about the documents I'll just hit it up when we go to when we go to trial that's why we're here but for those of you that are like no I'm here for the documents let's do the law baby well you show up today and it just Reigns membership Wonder lustful thank you for the 10 gifted memberships today it's just going to rain memberships so thank you it's for like all the ride or dies that are like we're in it we're in it to win it it doesn't matter that the trial's over it's never done like the trial has ended dismissed with prejudice but wait there's more Casey cat thank you I appreciate you guys are so generous to the lawner community thank you for the gifted memberships we're going to H we're gonna have to who just said is this a motion or a meltdown [Music] Wendy Wendy trauma warrior in the chat said is this a motion or a meltdown I mean I feel I'm leaning towards meltdown because there's no um there's no law yet midnight in your eyes also gift of memberships you guys thank you for the gift of memberships I'm going to have to get through the motion but I wanted to thank you for your generosity but we're going to have to get through this motion Lori thank you for the gifted memberships I appreciate you Sandy thank you for the gifted memberships now you guys have just like oh we're going to just make it rain rain rain like like slow Mode's not going to work today everyone's going to be a member it is a downpour of memberships I'll take it thank you guys I appreciate it so as we motion for meltdown it really it really is um it really is a meltdown but it's okay we can handle the Meltdown we're not made of sugar it's raining memberships we're fine thank you Leonards you guys are so generous I appreciate it g full Oprah you get a membership you get a membership you get a membership so yes slow mode we don't know her all right let us continue and for those of you watching that aren't chatting you've got to make sure you're subscribed to get a gift of membership so do that too um Sally Newman said honestly EDB Carrie wrote you a book and what have we learned about writing books connected to cases what have we learned that it is a bad idea what has Corey richens taught us what have we learned from Kefi D and courthous Becky don't oh um Rashi in the chat said isn't this a frivolous motion Rashi I think it might be and I think that's what we're going to see very strongly worded from Spyro and others I think Spyro's going to wish he was a tiny dragon that could breathe fire after this Spyro is going to be reading this motion going draus because what else is left to say okay tesy left 23 rounds of ammo with CST Popple three of the rounds had the same characteristics as live rounds collected from the set of rust W there it is that is the problem that is what the court hated in all of this the court pulled out all of those rounds in court and said but these three are the same as the ones from rust they might not have ever been on the set of rust but these are the same in characteristics they were Starline brass casings silver primers and projectiles with a six millimet meep meep meep Emily not the Phineas and verb with the 6 mm cone Corporal Hancock attempted to contact tesky to interview him about the ammunition to determine whether any of it had any relevance to at all any relevance at all to the criminal investigation and tesy was non-responsive C States exhibit 10 the fact that Mr tesky turned over three rounds it looked like the live rounds from the set of rust is evidence that Mr tesky and Mr Reid were in possession of rounds that appeared the same as the live rounds from the set of rest this is not relevant or material evidence in the case against Mr Baldwin nor is it material to his defense the court literally disagrees it is simply further evidence of how Miss Gutierrez may have obtained the live rounds that she ultimately introduced to the set of rust but it is material to show that the investigation did not run down all leads and that is a valid argument for the defense it's it's defense 101 what is the first thing you attack the investigation in every case we have watched even when people are representing themselves what they say is the cops did everything wrong she goes on to say again there is absolutely no evidence that the rounds dropped off by Mr tesy were ever in the possession of Seth Kenny or Sarah Zachary seen by Seth Kenny or Sarah Zachary or known about by Seth Kenny or Sarah Zachary so there is no evidence said any of the rounds left the state of Arizona until brought to New Mexico by tusky that's a motion in lemon the rounds are not evidence of sabotage and did not serve to impeach anyone who is a witness in this case other than impeaching the testimony of CST Popple when she mistakenly testified upon questioning by undersigned Council that none of the rounds collected by tesky were similar to the live rounds found on the set of rust she said that with her whole chest in front of the jury though so it was more than a mistake cuz it was said in front of the jury though there is substantial evidence that Hannah Gutierrez was in possession of strikingly similar live rounds on the set of rust from at least October 10th to October 21st and again in November 2021 okay oh well now at least we've seen Baldwin's name we're on page 32 no law yet law we don't know her Baldwin was indicted by a grand jury on the charge of involuntary manslaughter for negligent use of a firearm and involuntary manslaughter under an alternative Theory the alternative theory was acting without due caution and circum circumscription by discharging the firearm Don't make me say circumscription and discharging the same sentence what are we doing stop it without do caution and circumscription by discharging a firearm during the production of a movie without first verifying the firearm contain no live ammunition I still disagree with this Theory while the firearm was pointed in the direction of another I agree with that and he should have known the danger involved and acted with willful disregard to the safety of others yes when he pulled the trigger nothing about the details of how the live rounds were introduced a set is relevant or material to the charges against Baldwin I think it's relevant to the investigation but okay it is not a criminal act in any way to bring live ammunition onto a movie set unless it is done negligently by the sets own armor as evidence of her ongoing negligence and Reckless conduct that ultimately culminated in her loading a live round into the prop gun that killed someone even though there is not a single shred of evidence that live rounds were planted on the set of rust by a sabator let's assume for the sake of argument they were just argue can we just argue into it if we assume that a sabator planted live rounds on the set of rust it was still very much Hannah's job to ensure that they never made it into a real firearm agreed likewise it is still I Baldwin's responsibility to handle his prom gun safely and not point the gun at anyone agreed let alone two people at the same time I mean I don't think he pointed it directly at two people at the same time because the director Joel Souza was behind the cinematographer because they were looking at the monitor but or they were looking at the camera but okay so it's bald rers a responsibility to handle the gun safely agreed he shouldn't have pointed it at anyone agreed he shouldn't have cocked it when the scene did not call for it and pulled the trigger of the gun when the scene did not call for him to pull the trigger I agree with all of that but how does this allow this motion to move forward it's important to view the facts as a whole can we view the law first and then we can talk about what's important cuz we're way more than halfway there at this point and we we haven't talked about the law yet and it's making me anxious it's important to view the facts as a whole the live round and Mr Baldwin's holster can be seen in video evidence as early as October 13th the live round in the box of gutierrez's dummy ammunition can be seen as early as October 10th okay and the tree and the bog and the bog way down in the valyo like the the nest on the branch and the branch on the tree and the tree in the Bog and okay but it was dismissed with prejudice how can the court even reconsider this what is the law that makes this happen cuz we're just rehashing the record again and again again and again it's like if you keep saying no no no no let me explain let me explain let me explain let me explain the Court's heard you say all of this it's not that the court lacks understanding the court fundamentally disagrees with you about whether these facts are material to Baldwin's defense the court decided they were and I don't think that can be reconsidered they said all mcer had to do was ensure each dummy round rattled or had a hole in it yeah agree that was her job agreed she's been prosecuted and sent to prison for it let's assume for the sake of argument that the three live rounds collected from tesy on March 6 that possessed the same physical characteristics as the live rounds found on the rust set were sent to the FBI for explosives or gunpowder testing okay the testing of explosive powder in inside the cartridge could only result in the FBI giving an opinion that the powder from the live rounds found on the set of R was consistent with the powder from the live rounds turned over by tusy or not the FBI cannot will not say that they're the same right they're either consistent or they're inconsistent but you need to know lady paage thank you for the gifted membership we have a couple other that gifted memberships as well we're just going to say thank you real quick as we keep going on with this motion because I want to make sure we thank everybody U music to my soul I don't think chat GPT wrote this I think this is all car I think this is all carrye um I think this is all carry like for sure for sure Colleen thank you for the gifted memberships and Ryan thank you Ryan hex RN thank you for the gifted memberships Tinsley it's good to see you tinsy said have missed you my friend busy work season but I'm back and glad to be here I mean Carrie's making it busy work season for herself she's not ready to give up this gig as special prosecutor apparently and thank you for the gifted memberships uh Casey cat said motion for Dragon Emoji I will take that under consideration and see what we can come up with so the FBI the FBI can say the gunpowders are similar or not similar the point is that the defense wants to argue that Baldwin was the shiny object and they didn't do investigation that's why it's material car's a defense attorney you know she knows this there are several different types of gunpowder used all over the world to make millions and millions of okay let's assume arguendo that the rounds turned over by tusky are physically and chemically the same as the set of rust this is not evidence of a sabator this is not evidence that Mr Kenny had ever possessed the rounds it's evidence that it wasn't invest tigated let alone provided them to the set of rust either intentionally or mistakenly Kenny cannot be impeached by something that he didn't see never knew about never possessed this is a smoke screen created by the defense and was intended to sway and confuse the court on July 12th 2024 and it was successful telling the judge that she's confused is not going to go well we are 34 pages in and there is no law cited yet she is cited back to the record but not the law and Carrie is at this point just rehashing everything that we've already heard that's on the record but she has said defense was trying to confuse the judge and your honor you were confused Baldwin's motion to dismiss file July 11th on July 11th 2024 the state called CST Marissa poel to testify on cross-examination defense Council questioned poel about a quote she put it in italics but quote Good Samaritan Troy tesy who turned in ammunition he stated was related to the rust investigation the defense was aware that Mr tesy not only turned in ammunition but he uh turned any am ammunition that he claimed was related to rust but that they were aware that some of the rounds turned over had the same physical characteristics as the live rounds on the set of rust there is no evidence of that the defense knew more than undersigned Council knew about the rounds to turned in by Mr tusky well ain't that a [ __ ] guess what that's on your investigating officer however when the io testified Theo Hancock said that there was a conversation including morisy to put this under another case number so it's your job to know you knew tesy existed you knew he dropped off ammo you had a conversation with Popple about it you had a conversation with Hancock about it your lack of curiosity is no one's fault the defense knew more than undersigned Council knew about the rounds turned in by Mr tusky I don't think we've seen evidence on the record that Council was aware that the rounds had the same physical characteristics I don't think we've seen that yet on redirect Council elicited testimony from Popple that the rounds turned in by tusky were visibly dissimilar to the live rounds from the set of rust she said they were completely different that was her testimony C States exhibit 14a somebody make a note Melina make a note 14a we're going to that in a minute that's going to be the transcript Underside Council elicited this testimony because she believed it to be accurate your belief doesn't matter undersign Council was never provided a copy of the doc report generated by the sheriff's department never inspected the rounds and was never notified by law enforcement that any of the rounds appeared similar okay but that's your job and the court can't reconsider the motion based on your failure to do your job and I've told you guys this before and I will reiterate it now if the prosecutor does not know a piece of evidence exists and that piece of evidence is potentially exculpatory whose fault is it if that evidence does not get turned over to the defense yeah that's right the prosecutor's fault it is the prose 's fault you are part of the same prosecutorial team and if you never knew it existed it is still your fault that is the job so when the state brought in a defense attorney to be the special prosecutor it's on the special prosecutor to know how to prosecute a case Orinda Johnson who we stand Orinda Johnson lunchtime said it is our job to dismiss this case because this was not turned over and it doesn't matter who knew what it's on you that's part of the job so the case gets dismissed and Carrie was like nuh-uh and er Linda's like I'm out peace because erinda has been a prosecutor I don't I don't I I can't believe that Carrie's argument is like but your honor I didn't even know so it doesn't matter that you didn't know it doesn't matter it doesn't matter in the least that you didn't know it's your job to know admitting that you didn't know is you admitting that you did not do your job your honor I didn't know yeah yeah and tough [ __ ] it's your job to know the amount this makes me so mad the amount of times I had sat down at the police department with the detective and been like we're going through Page by Page to make sure I have everything you have everything the defense has everything that's the job she was working on one case it's a case with a lot of evidence but it was one case so car's admitting that she never saw never saw the report never inspected the rounds and never notified law enforcement or by law enforcement that there were any rounds that were similar and was completely unaware that any of the rounds turned over by tesy possess the same physical characteristics as live rounds from rust your lack of curiosity is uh is your own fault and your own problem but this has nothing to do with whether it's your obligation and ethical duty to turn over the information it is still your obligation and ethical duty to turn over this information even if you don't know it exists it's your job to know just like it's Hannah's job to know what's loaded into the gun Carrie it's your job to know what evidence there is under sign Council was relying on the two photos of the live rounds provided by tusy in November 2021 in January 2024 and that is on you Mr tusk's statement to Mr Kenny in November 2021 that none of the rounds in his possession had silver primers and had all dissimilarly shaped projectiles again the defense had more information about the rounds turned in by Mr tusky than undersigned council did and where's the law that says that that matters can you tell me why that matters this highlights why as a prosecutor you have to like quadruple check it it can be real stressful uh when you're not told about stuff in your case but you have to double check and if the police get that wrong and they don't give it to you your case gets dismissed because it's still a Brady violation and that's still your responsibility hole agreed uh let's see again the defense had more information about the rounds turned in by tesy than the undersigned council did but they had never seen them they only knew what BS told them BS doesn't have an ethical duty to tell them anything you do Papple agreed on redirect that the live rounds dropped dropped collection dropped collected that the live rounds collected from tesy looked dissimilar to the live rounds found at the set of rust and this testimony was incorrect no [ __ ] as demonstrated by the examination of the three rounds in the courtroom on July 12th 2024 Miss Popple made a mistake because she was she had not viewed the live rounds turned in by tesky in several months and there are thousands of live rounds of ammunition in the case then she should have checked her report human beings make mistakes yep that's true Hannah Gutierrez also made a mistake you you realize that you are Prosecuting Hannah and Baldwin for involuntary manslaughter the literal [ __ ] definition of the case of invol is that it is a mistake but that you were negligent ma'am are we not seeing any parallels here are do we see do we not see any parallels it was your job to turn it over and you didn't do that and then there were consequences it was paa's job to be accurate in her testimony and then she didn't do that and then there were consequences it was Hannah's job to test all of the rounds before loading them into the gun and she didn't and then there were consequences are we seeing a pattern look here come the consequence consequence consequence man miss poppo's mistaken testimony and undersigned council's ignorance of the specific characteristics of the rounds collected from tesky do not make the rounds relevant or material to the case against Baldwin what they're not arguing that it's relevant because you didn't know they're are arguing because it goes to the investigation and your witness misstated the truth under oath oh my God no one on the prosecution team to include law enforcement ever intentionally kept evidence from the defendant um you didn't give it to the defendant though so there there's that it simply didn't occur to the prosecution you being bad at your job is not the point it simply didn't occur to the prosecution that the rounds were relevant to the case against Baldwin even if they were the same or similar to the live rounds from the set of rust which is why it's not your determination to make you turn it over then you argue to exclude it later you don't get to make that decision so car's like yeah we um she's just making this so much worse for herself yeah we didn't turn it over to the defense and yeah I didn't even know it existed and yeah the defense had more information than I did and yeah um we just didn't know and yeah I elicited um untruthful testimony from a witness on the stand just because I was ignorant of The Facts of my own case um and but but your honor we should get to prosecute Baldwin again [Music] [Music] no one on the prosecution team ever intentionally kept evidence from the defendant the court doesn't agree in fact the state would have stipulated to a jury instruction that the jury should assume that if the live rounds turned in by tusky been tested you're missing words by the FBI the testing would have determined the powder was consistent with the live rounds from rust a jury instruction's not going to undo it though we're on page 35 late in the afternoon on July 11th 2024 defense Council notified the court and Council for the state that the defendant would be filing a motion to dismiss based on the tesy rounds for the Court's consideration the following day the court initial Al asked the defendant to file the motion by 5:00 p.m. on July 11th so the state would have an opportunity to prepare some kind of written or verbal response defense Council indicate that he could not provide the motion by 5:00 pm but stated he would provide it by 7 p.m. unders sign councel notified the court of her intention to verbally respond to the motion the following day rather than provide a written response after receiving a motion to dismiss at 7:00 p.m. during trial the motion was receive email by undersign councel at 7:55 p.m. in your honor he said we would have it by 7 it's worth noting oh God you're going to bring the fire ma'am the find out is coming I can't believe there's more [ __ ] around to find out after the case got dismissed normally that's where we stop [ __ ] around and finding out but she's like let's do it again K resle in the chat is is trying to understand and said m is there no double jeopardy with this case there is there is double there is double jeopardy in this case yes yes there is you're not wrong we're not crazy we're not wrong I'm not crazy we don't know the law yet of how Carrie thinks that this relitigate ad nauseum of the facts is going to work but um Carrie apparently wants a reunion after the dismissal she's like I'm not resolved I need Andy and a camera like she's not done yet ma'am you're done dismissed with prejudice we're done she's like I'm not done yet I am not done yet and now here we are um 36 pages in no law yet but we're we're rehashing these facts again it's worth noting that the defendant was being represented by at least nine attorneys your honor nine he had nine attorney nine attorneys and they were from New York they have better bals than we do in New Mexico um I actually don't know if that's true or not I don't know if New York has better bals than New Mexico but I'm I'm just assuming that that's true so um that might be completely uh false but I'm guessing you're Runner he he had nine attorneys ma'am the DA's office went to the tax well they used the taxpayers money the DA's office applied for funds so that you would have enough people to prosecute this case I think they asked for $600,000 so I mean and they did that in like 2021 where they're like we need special prosecutors who can just focus on this case and then then she's like full [ __ ] Sutton name them name them Heather LeBlanc Alex Spyro Luke nichas Jennifer Stern Sarah Clark Michael NOS nosen chuk Stephanie Kellum Brook Jordy all of whom are president of New Mexico for the trial shock and John bash who did not appear for the trial John where were you man we missed you why don't we have 10 I don't I mean is n is nine the magic number here apparently it is cuz it worked the state was represented by two attorneys and did not have the human resources to respond to a motion to dismiss and prepare for the next day's Witnesses in one evening I need a tiny violin we have now reached full meltdown melty melty temper tantrum I think we just need to go code bra I I think we we're going to go to the code bra lights or do we just go audacity I saw some motions for audacity I can't believe that she is literally saying your honor there's only two of us have you ever met a criminal trial there's no sleeping it's incred why do you think lawyers are so burned out and stressed it's because it's a hard [ __ ] job and you often don't have enough resources and we said from the beginning of this case that the defense plan was going to be to bury the prosecution in work why because Baldwin has the money to do so another day we can have a conversation about the role that money plays in the criminal justice system in the United States but we are seeing where it benefits Baldwin he was able to bury them in litigation however Carrie miscalculated the importance of this motion and she continues to miscalculate it and we're seeing it and she said it she said that she miscalculated it where's the direct quote and then we'll go to code audacity because now we're like I didn't have the manpower to respond it simply didn't occur to the prosecution that the rounds were relevant that was a judgment call and a mistake just like Baldwin's team thinking that not all of his interview would come in was a miscalculation and a mistake you picked wrong it simply didn't occur to the prosecution that the rounds were IR relevant wrong answer all right y'all we we've got to hit the audacity on this one because we've now gotten to whining that the uh that the defense had more resources ma'am have you ever seen a state a federal prosecution and the defendants are like but they have the weight of the FBI in the full [ __ ] federal government uh-huh defense attorneys make this argument all the time that they don't have the resources and a lot of the times they don't Baldwin had the resources and now you're mad late in the day uh-huh not to mention I'm not done yet miss me with the we didn't have the time to prepare for the witnesses for the next day this is the second time you're doing this case there were very few witnesses that were new and some of those were erinda Johnson Witnesses so if erinda was prepping the witnesses couldn't you prep the motion no you chose you chose not to why because it didn't occur to you that this mattered that was a tactical decision and you picked wrong and now you're mad oh the [ __ ] [Music] CODE GREEN audacity motion for audacity granted we are now green let us continue we did get to to page 36 no law all the audacity I'm so mad this is wild em don't be mad you talk about law on the internet what better law to talk about on the internet than this if not this then what there was other things I wanted to do today Carrie the defense knew that some of the rounds turned in by tusky were the same or similar to live rounds from the set of rust and laid in [Music] weit wait I need to back up I missed I missed a couple sentences holy [ __ ] the state was represented by two attorneys and did not have the human resources to respond to emotion to dismiss and prepare for the next day's Witnesses in one evening you could have split the work up that's how group projects work the fact that the motion was raised during trial was a tactical decision by the defense to take advantage of the state's limited resources oh boy the defense knew that some of the live rounds turned in by tesy were the same or similar to live rounds from the set of rust and laid in wait to move to dismiss during trial when it had a tactical advantage first I don't know how she knows that the defense knew that because what the what came out on the record is that the defense knew tesy turned in rounds but the defense had not seen the rounds or the reports so I I object because that is uh facts not in evidence also arguendo if the defense so arguing if if all of that is true I'm not saying it is assuming any of that is true or all of that is true and they lied and wait till when they had a tactical Advantage then what then what does that suck uh yeah but you know how to avoid the defense lying in weight and springing a Brady violation On You by turning over the evidence so um she's like but the defense La laid in weight well your witness said on the stand that none of them were the same and that was wrong but the wrongness wasn't discovered until the rounds were brought in the next day and examined by everyone in open court I don't know if the defense knew but um the only way to make sure that the defense doesn't spring this on you is to turn over the case and this might not have become relevant depending on how the evidence came in but the defense said do we have all the reports there's so many there are so and even if the defense did this there are so many motions for Discovery the defense asked for Discovery again and again and again the defense asked for a view of all the evidence and this evidence was not included it's not as if the defense sat back never asked for Discovery again and was like oh we good we got everything they kept asking and when erinda Johnson came in the case the defense attorneys kept asking and they said are you sure we have everything and they're like actually you don't you have you don't have this and Carrie morresy knew that the defense attorneys were talking because they filed a motion for Mutual defense to allow them to communicate with each other without violating attorney client privilege it's not like it was a secret that these attorneys were talking everyone knew that it was in people we saw the Motions we saw the filings you know what those filings mean you know that this was a witness on the it's such [ __ ] [ __ ] you knew that this was a defense witness for BS you knew that BS was talking to Baldwin's attorney shut the [ __ ] up with this good Lord the defense attorneys did your job did their job better and now you're mad and even if this is true this trap can't be sprung on you if you you know turn over the evidence there's no Brady violation if there's no Brady violation oh my God the fact that this motion was raised during trial was a tactical decision and are you saying that Baldwin got his money worth for his attorneys the defense knew that some of the rounds turned in by tusky I don't I don't know if that is true or not but even if it's still her job to turn it over the defense scheduled its third evidence viewing in the case for June 18th 2024 that the defense suddenly canceled without explanation on June 17th after CST Poppel had prepared hundreds of items of evidence for viewing you know what's missing from that statement suspiciously notoriously missing from that statement including the tusky rounds doesn't say that there does it sure doesn't sure doesn't say including the tesy rounds on July 12th 2024 undersigned Council expressed her concern to the court that the defense was aware of the tesy rounds before trial and likely learned of it from Miss gutierrez's Council perhaps this was the reason they canceled their scheduled evidence viewing did you give them the police report though no okay defense Council responded that he shouldn't have to disclose this information to the court and if he was required to it should be provided to the court in camera I still think it's work product without addressing whether the information concerning how long defense knew about the tesky rounds and their similarity to the live rounds found on the set of rust should be heard in camera the court agreed that the significance of the defense Council having knowledge of the tesy rounds prior to trial was relevant to whether the defense suffered prejudice the court agreed to address the issue and never did but it's addressed in the ruling the defense continued to argue that it was prejudiced by the state's failure to disclose the existence of the tesky rounds to the defense even though they clearly knew the details of the rounds turned in by tesy and knew that the rounds were in possession of the Sheriff's Department the state respectfully requests this court to order the defendant to provide all information regarding when and how they learned of the tesky rounds to the court and the state so that a full record can be made for the likely possibility of a review by a higher Court your honor we're appealing it the state is entitled to a full record for appell it review not of privileged information you're not on the morning of July 12th the court heard arguments I mean the entire day related to the defendant's motion from Luke and Alex on behalf of the defendant and from undersigned councel the court heard additional testimony from CST Poppel related to the motion oddly ma'am where are we going with this oddly the court attempted to require the state to call its Witnesses and ask questions relevant to the motion Hearing in the presid of the jury what undersigned council explained to the court ma'am don't snark explain to the court undersigned Council explained to the court that it would not be appropriate to take testimony related to the motion in the presence of the jury the jury never came into the courtroom I don't even know how this is true because the court told the jury to come in late because they were going to um argue the motion so I would need the transcript of how that happened where's the citation to where this is in the transcript oh wait I'm not seeing one undersign Council had to explain to the court that it would just not be appropriate to take testimony related to the motion in the presence of the jury well the judge is going to love that the court continued to insist that the state take testimony from Hancock and Kenny in the presence of the jury ultimately the court agreed to release the jury for the day and take evidence and testimony on the defendants motion see States exhibit 17 Melina will you mark that one too we need to go to 17 as well thank you Market argument what was the rest of it we're on page 38 and we've gotten to argument let's see if there's law attached to the argument defendants motion to dismiss the defendant's motion noted that the state failed to follow up and collect rounds in tusk's possession after being made aware of them in November 2021 while this is true the photo provided of tesy showed rounds dissimilar to the live rounds from the set of rust it is true that undersign Council stated during her pre-trial interview with Mr tusky that she would work with law enforcement to collect the rounds Underside Council later decided not to collect the rounds after reviewing the photos of the rounds in tusk's possession and tusky statement to Kenny that none of the rounds that in his possession had silver primers you should have confirmed that but okay undersign Council also I don't have a problem with any of the those decisions once he gives you the rounds then we've got problems undersign Council later decided not to collect the rounds after reviewing the photos fine undersign Council also considered the amount of time that had passed between the death of Miss Hutchin and the pre-trial interview more than two years an obvious lack of relevancy and materiality and it remember it has to be material to the defendant's case here and the judge found that and materiality to the rounds um that the rounds had to the charges against Baldwin this decision was supported in January 2024 Underside Council was provided another photo of the rounds in tesky possession by BS demonstrating the lack of similarity the defendant's motion asserted that the undersign council assisted Papple in reframing the defendant's motion asserted that the undersigned council assisted Miss Popple in reframing her coverup as an ordinary investigative decision when she assigned a different case number to the rounds after they were collected from tusky there was no cover up because there was nothing to cover up tesky turned in live ammunition 2 and a half years after the death of Miss Hutchin that in no way related to the charges against Mr Baldwin that's Motion in Lion contrary to the defendant's assertion in his motion there is absolutely no evidence that Seth was ever in possession of live ammunition that had the same characteristics as the live ammunition from the set of rust well because you didn't search for a month later they could have made the argument further the state asserts that Baldwin's assertion wait further the state agrees with Baldwin's assertion in his motion that he was unaware that live ammunition was on the set however as evidenced by his October 21st 2021 interview Baldwin was aware that dummy rounds looked exactly like live rounds and that it was possible that live round could have been accidentally comingled by Gutierrez contrary to the assertions made by the defendant in his motion the state never tried and was never going to try to establish a link between Baldwin and the source of the live ammunition Beyond Baldwin's owning Beyond Baldwin's own statements provided to law enforcement on October 21st 2021 Baldwin didn't need to know there were live rounds on the set for the state to prove its case against him I mean if Baldwin knew there were live rounds on the set and and shot Helena Hutchins then you would probably have different charges here the case against Baldwin was solely upon his actions when the gun was in his hand the fact that it was obvious to nearly everyone on set that Gutierrez was inexperienced and incompetent was simply additional facts that might lead a reasonable person in Baldwin's position to take a moment to participate in the safety check of the ammunition made available the actor the level of snark do not trust her this what Emily we can't quote all of Mean Girls your honor do not trust the defense it was obvious to everyone on set that Miss Gutierrez was inexperienced and incompetent and and those are just additional facts dramatically throws burn book pages in the air um the snark is really unwelcome here and sometimes I love snark I love a good sassy footnote the snark here is just offputting as [ __ ] I am so I am over it and I can't imagine that this is going to be well taken by the judge I would love I would love to be a fly on the wall for the research attorney for judge summer reading this and then going I worked as a research attorney and then going into judge Summer's Chambers and sitting down or flopping into a chair and being like Oh my God your honor you are never going to believe what's in this motion first she admits that there's a prady violation second she says that there's um um not her fault cuz cuz she didn't she didn't know and that she was sandbagged by the defense and that their failure to turn over evidence was somehow the defense's fault and then she said that you wanted to bring the jury out during this and then she said it was just obvious to everyone that Gutierrez was inexperienced and incompetent cuz what is emotion without taking more shots and Hannah Gutierrez who is already in prison your honor what is happening here oh the conversations that must be happening these additional facts would lead a reasonable person in Baldwin's position I mean not Baldwin but a reasonable person ma'am a reasonable person that's in the prosecutor's position would ask law enforcement if they had all the reports after dude showed up in court with live ammunition maybe a reasonable person in a prosecutor's position wouldn't withhold evidence it's worth noting that two other actors on the set of R always check the dummy rounds your honor um also Baldwin sucks that the other actors they checked their rounds Jensen would never your honor oh my God two other actors on the set of rust always check the dummy rounds loaded into their real prop Guns by Miss Gutierrez to ensure they were inert this has nothing to do with live rounds a blank round accidentally placed in Baldwin's gun could have resulted in serious injury to anyone in its path obviously as stated above there is no evidence that why are we talking about Kenny again why are we obsessed with what Seth Kenny did or didn't do what is the connection to Seth Kenny and all these folks where is it where is it where is it why are we talking about Seth Kenny again there [Music] is as stated above there is no evidence that Kenny provided live rounds to the set of rust and the state never intended to bury anything I mean the intentions don't really matter it never occurred to the state that tesky rounds were relevant to the case against Mr Baldwin and they are not okay wait wait there's a case site State Fe Davidson 2024 New Mexico page 40 y'all we found it we found it hold on hold on where is nope wrong one wrong one we needed nope that's not the right one damn [Applause] it page 40 page 40 page we are 40 pages in before there is law okay I see a case site the defendant's motion is full of rank speculation that the court cannot rely upon when dismissing a case with prejudice the defendants assertion that the evidence allegedly suppressed ma'am go back and read page one was exculpatory and material must have some basis in fact the defendant cited to State B Davidson in support of its motion ma'am ma'am ma'am um what you haven't shared is how you can bring this motion Tina rentian uh in the chat said she's leading up to the climax keeping us on edge I didn't think that edging was going to get into this conversation today but here we are but this isn't even her citation this is her throwing down on the defense citation she still hasn't cited how she's able to bring this motion Davidson is easily distinguishable from the instant case as Davidson dealt with the actual destruction of unquestionably exculpatory evidence in the form of a highquality video of The Killing that was the basis for the charges against the defendant that was obtained by law enforcement the video later mysteriously went missing after being obtained by law enforcement the video was also viewed and described in detail by Witnesses who were able to demonstrate through testimony the exculpatory value of the missing video in addition law enforcement with the knowledge of the prosecution the knowledge of the prosecution is not super relevant here but also the testimony from um Hancock is that you had a conversation with them about putting this under a separate case number you and Hancock have differing testimony it said in addition law enforcement with the knowledge of the prosecution that's not a distinguishing Factor recorded and listened to the defendant's privileged conversations with his councel by contrast the evidence in the instant case if it were to be deemed material still existed could be examined and tested and was known to the defense prior to the beginning of trial but apparently not known to the prosecution the Court's final order wait damn it can I with you guys um chat I would like to make a motion please let me know if the motion's granted I would like to withdraw my previous clapping because that was her distinguishing the defenses law we still haven't seen the prosecution cite any law I got overly excited um so I would ask to withdraw the previous Applause and move to strike because we still don't have any law for how this how this motion is legally allowed to be brought thank you chat for thank you thank you for graciously granting um granting my motion and striking and uh striking the Clapping we're 40 pages and we still don't have any law cited by Carrie Mory to show us how we're allowed to bring this um motion the court final order of dismissal with prejudice with regard to the Court's recitation of the defendant's previous motion to dismiss UND sign Council will rely on the previously filed pleadings and Exhibits already in the court record however in paragraph 8 the court quoted from the defendant's motion when the court noted that Miss Johnson disclosed over 1100 pages of documents that the undersigned council refused to provide don't come for erinda again this assertion put forth in the defendant's motion was adopted by the court in the Court's final order is false I'm going to read that sentence again and make sure I'm not hallucinating this assertion put forth in the defendant's motion and adopted by the court in the Court's final order is false ma'am Miss Johnson provided 1100 pages of emails that were redacted as a part of the defendants IA request to the First Judicial District Attorney's office this IA response was not in the special Prosecutor's possession until she requested it and received it from the DA's office on her about June 6 2024 when the defense began requesting an unredacted version of the April response she is rewriting history C States exhibit 19 thereafter undersigned councel attempted to work with defense councel Sarah Clark to address any outstanding Discovery issues related to the io response and received no response from Miss Clark here H it's the defense's fault the state agrees with the recitation by the court of the testimony is outlined in paragraphs 11 through 15 however the court admitted the fact that on July 11th defense Council specifically cross-examined CST Poppel about the fact that some of the rounds turned over by tusky had silver ERS and Starline brass casings thus demonstrating the defense had knowledge of the rounds and the physical characteristics of the rounds prior to trial I don't agree with that hold on I'm gonna have to pull the Court's motion where is my I need to make a note um oh Melina will you make a note for me that I want to look at the Court's order paragraphs 11 15 because I think what the defense was saying to CST Popple is not that they knew that the rounds matched the rounds on the set but that they knew what the rounds on the set looked like because we all know what the rounds on the set looked like we all knew that the rounds on the set were Starline brass casings with silver primers like all of us knew that and the defense was asking about that because that's what the rounds on set looked like that doesn't demonstrate that they knew what was inevit evence it demonstrates that they knew what was on the set specifically in paragraph 15 the court noted that the defense established that the defense quote was not given an opportunity to inspect the newly collected ammo when defendant inspected ammunition inventoried under the rust investigation case number however the defendant was clearly aware that the ammunition was in The Possession of the sheriff's department and was also aware that some of the rounds possessed the same characteristics as the live rounds from rust and could have requested to inspect them at any time but failed to do so that's not how that works also that's facts not an Evidence there's nothing that shows and if I missed it someone will tell me in the comments so if I missed it I will go back and look but I have not seen anything that shows that the defense knew what was in evidence other than the defense knew that tesy gave rounds to Santa Fe sheriffs and that the rounds at the set of rust had the you know Starline brass with the nickel primers I have not seen anything that shows that the defense knew what was in evidence that they had the report from evidence that indicated that or that they had seen the evidence I think that that is all to quote carry rank speculation and I think that speculation is based off of a um failure to appreciate why the defense was asking those questions so I don't think the defendant was clearly aware moreover the defense could have requested undersigned Council send the rounds to the FBI for chemical and ballistics testing but never made such a request the other defense attorney made the request and you didn't do it so what leads anyone to believe that you would have done it this time they didn't know what was in evidence because they never saw it and you didn't turn over the report so it's not it's not the defenses um job to make sure that you don't violate Brady like Brady exists to check the prosecution and the police against bad behavior um because the defendant can't know what they don't know [Music] so the defense did not make these requests because it would have ruined the nature and surprise of the motion to dismiss that it laid in wait to file until trial had already begun and it would have limited the defense's ability to quickly and efficiently manipulate the facts before the court that is a very bold allegation of impropriety on the part of the defense I don't think the defense is going to take kindly uh to that at all I wouldn't if I was the defense attorney that would piss me off um ma'am the leis Lewis said it the best in the chat Lewis good to see you Louis Lewis Hernandez Blanco said how rich oh wait wait there's a case site let's see let's I'm not going to clap yet we're going to we're going to see what happens but she is alleging that the defense did not make a request the defense made so many requests to see evidence but the defense did not make the request because it would have ruined the surprise of the motion to dismiss they wanted to lie and wait to file it till the trial had begun and um that that was like their Ace up their sleeve she says that a similar issue arose in state V Bryant no citation where the state was in possession of swabs containing gunshot residue and failed to have them chemically tested the defendant claimed that the swabs that had the swabs been tested they would have proven that he was not the shooter the court found a Brady violation did not occur because just as in the insect case in the instant case the defendant was aware of the existence of the evidence prior to trial 23 nmca 16016 I would is that even published yet I would need to see that case but do you know what this doesn't do this doesn't tell me that this motion can be legally brought after the case has been dismissed with prejudice this tells me that there was an argument to be made citing this case law when you had the opportunity to respond to the motion to dismiss in July do you know what this is giving for me this is giving um I had an argument and then I had like a month to sit on it and then I was like you know what I should have said I should have said this and I should have said that and I should have said this and I should have said that and so Carrie wanted to what bring emotion to be like I could have responded better the time to respond is done the time to raise the case law is done the time to site that case was in your motion the court said that she was surprised that the prosecution did not respond to the motion to dismiss in writing Carrie did not cite this case law during her response that was the time Jennifer said is it time for the audacity lights we're at code audacity we are green green for code audacity so we are there whether it's time for [ __ ] or not I don't know [Music] it but in that case the court found that there was no Brady violation because the defense was aware here's what I wonder just a little I have not read this case law but just a little food for thought on this if the prosecution made the defense aware and then failed to test it it's different here the prosecution did not make the defense aware that Troy tesy turned anything in and that there was any report about it the prosecution did not tell anyone that this existed arguendo in this case if the swabs for The Gunshot residue um let's see defendant claim had the swabs been tested they would have proven he was not the shooter if these swabs in this case and I don't know if these are the facts of the case or not if the swabs in the case were taken off the defendant's person the defendant was present when they were being taken and the defendant can say to his defense attorney they swabbed me where are those because the defendant is aware and the defense is aware based on the behavior of the state and government actors but in this case the state did not disclose anything and the state did not say there's a report here this is in evidence this the defense being made aware by another defense attorney is not the same as a defendant being aware because he was physically present when the thing happened those are different facts also this was not argued on the motion at the time and the time to argue this was then not now there is still no case law cited that a motion to dismiss not not a motion to dismiss there is no case law cited yet to show that when a court dismisses a case with prejudice based on a Brady violation that that can be undone so we still don't this is case law for her objection to the defense motion but this doesn't say that the court can even take up this motion and there's a part of me that wants the judge to just [ __ ] throw the hammer down just dismiss the motion for being improper and there's a part of me that does not want the court to do that because I want to see the defense's response [Laughter] badly it goes on to say moreover what page are we on 42 moreover a dismissal with prejudice based on evidence that still exists and was known to the defense prior to trial not through the prosecution disclosing it though no one knows how long prior to trial the defense became aware of the tesky rounds because the court decided supon not to inquire of the defense after the issue was raised by the state oh [ __ ] your honor we would know if you had asked Carrie we wouldn't be here if you had disclosed it wow because the court decided supon suon means on its own motion like the court just magically decided to not ask also it's work product so it's privileged the defendant Bears the burden of AA lishing a Brady violation Smith versus Secretary of new motor Depart of New Mexico new motor New Mexico Department of Corrections my the the motor function in my brain has stopped the Smith Court noted that the Brady principal has limitations ma'am excuse me this is for your objection to the defenses motion this this doesn't lay the standard for like the motion for reconsideration we're on page 42 and I still don't think there's case law to support you bringing a motion for reconsideration in this circumstance like there's no law there so this is too late the defendant Bears the burden of establishing a Brady violation and the court thinks that they did the Smith Court also noted this is all for your motion that you didn't write quote the Brady principle has limitations the Constitution as interpreted in Brady does not require the prosecution to divulge every possible shred of evidence that could conceivably benefit the defendant due process only requires the disclosure of materially exculpatory evidence which if suppressed would deprive the defendant of a fair trial that is not the standard that the court articulated in their order because the court found that it needed to be material and that was it the court did not find that it had to be materially exculpatory we'll go through the courts don't worry we're going to get to what the court actually said here the defendant knew of the tesky rounds prior to trial and argued the to the court quote the defendant would have done things differently the defendant would have opened differently would have asked questions differently we're talking about the conduct of the prosecution we're talking about a prosecution that didn't preserve those bullets that didn't collect them at all that didn't turn them over and the trial would have been conducted differently there is no basis for the defense arguments that they were cheated out of an ad oh that they were cheated out of adequately preparing for trial and would have done things differently had they known about the tesky rounds they knew of them moreover Brady violations do not center around the conduct of the prosecution they center around the character of The Evidence citing Smith if the suppression of evidence was results in constitutional error it's because of the character of The Evidence not the character of the prosecutor the Court's recitation of the state's arguments in paragraphs 20 through 25 is accurate and undersigned Council stands by her statements oh okay um okay okay Darth uh Raven asked in the court if I am a practicing attorney I have been a licensed attorney for almost 20 years now um I currently only do Consulting but yes I am still licensed to practice I do not actively practice as much as I can avoid it I do consultation I do not do in court work but yes I am still licensed to practice law and um most of the time I do this um and all the lawyers in the chat I feel like this is a full [ __ ] CL course on breedy let's continue There is nothing exculpatory relevant or material about the rounds in Mr tusk's possession as they relate to the charges against Mr Baldwin all of that should have been disclos all of that should have been argued in your response to the motion to dismiss you don't get a doover in paragraphs 29 and 30 the court recited facts related to Mr Kenny's testimony but the court failed to take into consideration that none of the ammunition in the possession of Mr tesy was ever in the possession of Mr Kenny seen by Mr Kenny or known to Mr Kenny you've said that like three times the court seems to establish a Nexus between the ammunition possessed by tesy and the ammunition possessed by Kenny after the 1883 training in Texas that simply does not exist the court recited facts also failed to note the only under oath testimony related to the relevance of the tusky rounds as compared to the rounds brought back to New Mexico from Texas by Kenny Mr Kenny testified that the rounds belonged to Mr Reed that were in tusk's possession as follows a those reloads are some of the ones that th left along with his guns for Troy tesky to store so those never went to the set of 1883 absolutely not and did they ever go with you no because they never went to you were you ever able to intentionally or mistakenly provide them to the set of rust definitely not so everything you brought back from Texas is in the custody of the sheriff's department correct did you at any point in time go did you ever exchange ammunition with th Reed or Troy tesky after the death of Helena h no so any ammunition that would be in the possession of Mr tusy is that anything that you have ever had possession of no no I only once received 45 Colt live ammunition from someone and that was th and that was on our way headed to Texas and again I hadn't opened the can until we got to Texas but then you brought it back from Texas and th could have received it from tusy Mr Kenny's under oath testimony demonstrated that Kenny was never in possession of any rounds with the same or similar characteristics of the live rounds from rust because all the rounds he brought back from New Mexico from Texas are in the custody of the sheriff's department so the defense still could have cross-examined him about what happened in the month between the shooting and the search War though but she she goes on to say this is consistent with the photos and statements of tesky from November 2021 November 2023 and January 2024 this could have been argued in your written motion just because the live rounds that went to Texas and New Mexico with Kenny belonged to th Reed and the rounds in tesky possession also belonged to the does not mean the ammunition ammunition was the same or even similar okay but the stuff in custody and the stuff on the set looked the same and Kenny can be cross examin cross examination can be cross examined about that and oh my God okay okay conversely the defendant provided absolutely the defense provided absolutely no testimony to support its speculative theory that Mr P was in possession of rounds with the similar or similar characteristics of the live rounds from rust and planted them on the set of rust to somehow discredit Miss Gutierrez C State versus Martinez let's see if the Martinez case lets us know how you can revive a case after it's been dismissed with prejudice and ask a court to reconsider in Martinez the court found that quote defendant has not shown and the record does not demonstrate that agent Matthews report or the FBI investigative materials the FBI would have been favorable to his defense evidence is favorable to an accused if its disclosure and effective use may make the difference between conviction and acquittal regardless of whether such evidence is impeachment evidence or exculpatory evidence this all goes to the original motion to dismiss this does not tell me that after a case has been dismissed with prejudice we can bring a motion like this the court continued quote The District Court re rejected defendant's argument as pure speculation okay this was for argument at the time noting defendant provided no testimony or evidence supporting this allegation defendant renews this argument on appeal and we reject it for the same reason defendants speculation is insufficient to establish either a Brady violation or an actual violation of his constitutional rights accordingly we declin to reverse the district court on this ground and in paragraph 32 of the Court's order the court explained that Corporal Hancock testified that CST Poppel gave false testimony Corporal Hancock was asked on cross-examination if the testimony provided by CST poppo was false and Corporal Hancock agreed that it was and Corporal Hancock did not choose the word false ma she simply agreed that PA's testimony was not accurate I think we can use not accurate and false synonymously in this situation um and she didn't say no it was not false she said yes it was false because it was not true she simply agreed that popp's testimony was not accurate Corporal Hancock didn't say it was false when asked on cross-examination if it was false she just said yes what oh my [Music] God the same issue arose in paragraph 37 of the Court's order oh your honor undersigned Council as agreed when asked if popp's testimony was false because it was not accurate what is the definition of false if not that it's not accurate those you can actually use synonymously first we have to explain that stealing money is not a glitch it's theft and now we have to explain the word false let's go to the dictionary what does the word false mean false not according to truth or fact incorrect false so um Incorrect and not accurate would also be synonymous smurfan said look up inaccurate look up incorrect incorrect incorrect is not in accordance with fact or wrong which can also mean false incorrect if we had a thesaurus these would all line up your honor it's not false it's just not accurate okay okay Carrie I can't believe she's making this order to the court oh chat you're right Don Jones said right but forget the dictionary what does Wikipedia say you're right you're right you're right oh my God undersign Council agreed when asked if popp's testimony was false because it was not accurate meaning it was false neither Corporal Hancock nor undersigned counsel stated or believed that CST Popple intentionally lied or misled the court it doesn't make the statement true the circular arguing is um so frustrating neither Corporal Hancock nor undersign Council stated or believed that Popple intentionally lied or misled the court she provided mistaken and inaccurate testimony because people occasionally make mistakes BS is going to quote this motion and be like right people occasionally Mak mistakes and you sent Hannah to prison for it this is wild your honor it's it's not false it's just um it's just uh it's just mistaken and inaccurate EG false I can't I can't believe that's a sentence in illegal filing by a licensed attorney and I feel attacked we're on page 45 of 52 folks hang in there in page 35 the court took issue with supposed inconsistencies ma'am we just talked about the supposed inconsistencies the inaccuracies the falsehoods the court took issue was supposed inconsistencies in the statements made under oath by undersign councel oh boy oh boy perhaps undersign Council was inarticulate during her testimony Carrie the court told you not to testify specifically even Spyro seemed horrified that she was going to testify and it was great for him perhaps undersigned Council was inarticulate during her testimony there is a difference between the tesky live rounds being relevant to the rust investigation as a whole and the live rounds being relevant to the incident that led to the charges against Mr Baldwin hi how cuz Baldwin's arguing that the investigation didn't investigate and just like zeroed in on him so they are relevant to the investigation as a whole she goes on to say the tesky rounds have no relevance to the charges against Mr Baldwin his defense or any potential impeachment of Mr Kenny who was entirely ly unaware of them similarly the court takes issues with the differences in testimony between undersign counsel and Corporal Hancock it is not unusual that two people have slightly different Recollections of a telephone conversation that lasted less than five minutes and took place more than four months earlier now I got the sense that the conversation with Hancock and Carrie and Hancock supervisor all like happened together undersigned Council asserts ma'am you testified you got to make your assertion you don't get to make new arguments of fact on the record in this motion that there's no law to support you bringing I still haven't seen there's been law cited but it's law that goes towards um the motion to dismiss it's not law that goes to why the court can reconsider this undersigned Council asserts that she was told ma' ma'am you can't assert new testimony in this you either need to cite the testimony you made or stop I can't even finish this sentence the audacity undersign Council asserts that she was told that the doc report would be made and she recalls being under the impression that the dock report and ammunition would be somehow linked to the rust case number somehow under site Council recalls Corporal Hancock expressing concern that M Mr tusky needed to be interviewed before relevancy if any to the rust investigation could be determined undersigned Council does not work at the sheriff's department and does not understand the protocols within the department for cataloging of evidence nor does she have any control over them you're still responsible for turning them over undersign council did not participate in any decision regarding case numbers those decisions were made by Sheriff's Personnel Underside Council testified to the best of her recollection even if her recollection differs somewhat from that of Corporal Hancock I can't believe we're doing this in paragraph 42 the court made the important distinction between violations based on Discovery that is discovered during trial and after trial relying on the herera Castro case or relying on Herer to Castro the court noted did we already cite this case no we're just like throwing it out there with no okay we're just like doing whatever it's fine it's all fine it's it's not fine but we're just going to have to let it go Emily cuz if you get caught on this we're never going to finish relying on the to Castro case the court noted that quote discovery of evidence during trial requires an uh evaluation of whether the late tender has impeded the effective use not us of evidence it has to be used with the typo use of evidence in such a way that it impacts the fundamental fairness of the proceedings again the court failed to consider failed to consider fact that the defense clearly knew about the evidence prior to trial and mysteriously cancelled an Evidence viewing scheduled for June 18th 2024 the fact that this secondary evidence viewing was canceled by the defense was mentioned by pappel during her testimony it never said it never said that um Papple had pulled out these rounds in fact when the court asked Popple said she didn't pull out these rounds to show to the defense it's disingenuous the state does not take issue with the Court's recitation of law in paragraphs 43 and 46 but does respectfully disagree with the Court's analysis of the facts presented during the hearing as they relate to the three prong test for a Brady violation all of this was argument to be made at the time the state agrees that the tesky supplemental report describing the rounds and Lieutenant Brand's lapel video were not provided to the defendant while under sign Council was not in possession of the supplemental report and was unaware that the Lael video existed she agrees that knowledge possessed by members of law enforcement is presumed to be known to the prosecution oh good so you know the law you know the law That's the Law Underside Council vehemently denies that she made a deliberate and intentional decision to place the evidence and reports under a non rust related case number Al so we're just trying to clear our name H because she has no control over the manner in which the sheriff's department categorizes the evidence how many times has she said this in the last two pages however undersign Council does not disagree with Corporal Hancock's opinion that she needed to interview tesy before unilaterally deciding that ammunition turned over 2 and a half years after a shooting death by a longtime friend of one of the defendant's family members was relevant and should be comingled with the other evidence from the set of rust and the execution of rust related search warrants well that's why it gets a separate evidence number it can it can have like they don't just throw it all in a bag and shake it up it's under a separate evidence number so it's actually kept separate but then you just put it under the same case number so everybody knows about it undersight Council would again point out we've pointed out again and again and again and again would again point out that the ammunition was tagged in evidence and attempts were made by Hancock to interview tesy to no avail and the defense became aware of the existence of the ammunition prior to trial and took no steps to inspect the ammunition or to have the ammunition tested why would the defendant fail to inspect the ammunition and request the ammunition be tested if it was so highly exculpatory and critical to their case because this was all a ruse oh [ __ ] that's not how the um that's not how Brady Works chat I've seen I've seen you all ask for code red I can't believe that she is now CODE RED shifting her responsibility um if it was so exculpatory why would the defense just sit on it because because this was all a ruse even if the ammunition was inspected and tested it had no exculpatory value to Mr Baldwin or his defense and was entirely immaterial to the charges while the court disagrees and we have now reached from code audacity to code red on page 47 for those of you new in the chat chat hi hello um um hi everybody hi Hi how are you hello I um I'm going to Grant the motion for code red anyone new here code red is flashy until the Music Stops so when the Music Stops it will stop flashing so if you are flash sensitive this bumper is flashy until the Music Stops we are going to code red in three 2 one [Music] thank you Melina for reminding me that I do have a hard stop today we're working on it we're we're working hard to get through this all of this um but we have been streaming for three and a half hours my how the time has flown I did not expect us to be here this long today it's like it's Thursday we've got a few things to do nope nope we got a lot to do in paragraph 48 the court determined that the evidence was exculpatory and noted that it was used to impeach CST Popple this is correct um um we've spent oh my red lights didn't go red I thought they went red sorry chat you're correct they didn't go red I thought I hit the right button I hit the wrong button it was less dramatic I'm I'm so baffled by this in paragraph 48 the court determined that the evidence was exculpatory and noted that it was used to impeach CST pole this is correct well if it's exculpatory then why are we still arguing this is correct the defense was able to effectively use the evidence to impeach CST pole this is not supportive of a conclusion that the defendant's constitutional right to do process was violated due to O Brady violation it is supportive of the opposite conclusion how the court concluded that evidence regarding the source of the live round that killed Miss Hutchins and additional information concerning how the live round arrived on set likely affects the jury's calculus of approximate cause and negligence by Third person right because there's intervening causes and there's a jury instruction about intervening causes and if there had been sabotage on set or whatever um then there's an argument for an intervening cause and there are jury instructions for that the state respectfully disagrees well that's what you argue on the motion to dismiss not now we're on page 48 and what you haven't established is what law allows you to bring a motion for reconsideration after a dismissal with prejudice how are you allowed to do that I mean you can file whatever you want I think they're going to probably ask for sanctions but where is the law that says you can do this the state respectfully disagrees okay you're allowed to disagree but I don't think you can appeal it I don't think the court can reconsider it I don't think under like the sixth amendment you can uh retry Baldwin you can't put the [ __ ] back in the horse you can't unring the Bell you can't do any of this and you have cited no law to say that you can even bring this motion there is no standard set forth where is the we've seen the issue where is the rule the rule that allows the court to reconsider a motion to dismiss when the sanction was a dismissal with prejudice for a Brady violation she goes on to say the existence of live rounds on the movie Set did not result in the death of Miss Hutchins nor is it evidence of criminal conduct on the part of anyone but the armorer bullets don't kill people by themselves ma'am there are approximate cause and intervening cause instructions for this charge if the gun that Baldwin was holding didn't have a live round in it then no one's getting shot with a live round no matter what he does with the gun and if it just had dummies in it nothing's happening I can't believe that sent exists Miss Hutchins died because a live Ron was loaded into a real prop gun by Miss Gutierrez by her own admission and that gun was pointed at Miss Hutchins and discharged by Mr Baldwin the state concedes that Baldwin would be entitled to the inclusion of UGI 14251 and 14252 that is the uniform jury instructions that allows Baldwin to argue someone else's intervening cause meaning someone else's action cuts off his liability like Baldwin could argue that the armor did her job so badly that it's not his responsibility and it's not his fault that this happened because he did his job properly she did her job wrong and therefore it is really her fault and that cuts off his negligence and those are the jury instructions that they are talking about the state conc Baldwin would be entitled to those jury instructions as there is evidence that his actions may not have been the only significant cause of Miss Hutch's death as a result of gutierrez's loading alive around into a prop gum without Baldwin's knowledge however the presence of live rounds on a movie set itself could never be a significant cause of death for Miss Hutchins because bullets don't kill people they must be fired from a gun in order to be fatal and the gun must be pointed at a person what is happening when y'all said and I'm going to have to re rewind to who who I saw say it in the chat first that this was not a motion it was a meltdown yeah this is wild arguments oh the Court's ruling on this is going to be [ __ ] skiing I can't believe that this is being argued I understand the intervening I can't believe this motion is being made she goes on to say it's common knowledge in the film industry and well within Baldwin's knowledge that dummy rounds look exactly like live rounds and therefore there is always a risk that they could unintentionally be comingled and the film industry unions have promulgated guidelines for the use of live ammunition on movie sets live ammunition is permitted on movie sets and is occasionally present on movie sets what are you even talking about the uniform jury instruction 142 uh 2 51 states in part that the state must prove that the defendants Act was a significant cause of death and defines this to mean now we're arguing jury instructions this could have been in her response to the defense motion but it wasn't and it is misplaced here the defendants Act was so let me start that again the defendants Act was a significant cause of death if it was an act which in a natural and continuous chain of events uninterrupted by an outside event resulted in the death and without which the death would not have occurred so what she's arguing is that if Baldwin hadn't pulled the trigger then no one would have died and that his act of pulling the trigger while pointing at Helena is part of a natural and continuous chain of events Baldwin's attorneys would have argued that he could pull the trigger all day long if there were dummies in the gun and nothing happens she goes on to argue that the defendants act must be uninterrupted by an outside event in this case there was no act that interrupted Baldwin's actions of failing to participate in safety checking I don't think he's required to do so under everything we've seen in this case cocking the gun that becomes more of an argument but not at this stage pointing the gun at Miss Hutchins run the rehearsal did not call for pointing the gun in the direction of Miss Hutchins pulling the trigger when the rehearsal did not call for pulling a trigger 14251 requires the defendant's action be interrupted by an outside event and the existence of live rounds on the movie Set prior to the defendant's action is not an outside event because it does not interrupt defendants actions that's for the Jed aside but it's too late for these arguments you can't re the St asserts the same argument with regard to uniform jury instruction 14252 the state respectfully asserts that the court had insufficient evidence to conclude that the tesky rounds were favorable to Baldwin as set forth in paragraph 48 it's too late though the court concluded in paragraph 49 that the tesky rounds were material and that the disclosure of evidence during the course of the trial impeded the effective use of the evidence to such a degree that it impacted the fundamental fairness of the proceedings this can only be true if the defense learned of the exist of the ammunition during the trial which it likely did not oh now you said likely did not before you dead ass said they knew before and now we're back to likely so which is it they likely knew or they dead ass knew what is it um wild which it likely did not the court further concluded that quote had defendant had access to the tesky supplied ammunition before the third day of the jury trial defendant would have altered his approach his and his preparation for the trial itself the court made this conclusion without taking any evidence or testimony concerning how and when the defendant became aware of the evidence of the rounds well they saw them in court the same day everybody saw them everyone learned together moreover even if the defense learned of the tusky rounds and their physical characteristics during trial there is no actual evidence that the rounds in tusk's possession there is no actual evidence that the rounds in tusk's possession that possessed the same physical characteristics as the live rounds from the set of R Us could ever have been planted by a sabator so they could have still argued that the investigation wasn't good and didn't focus on the right people she says the tusky rounds didn't leave the state of Arizona until March 2024 and Mr Mr tusky previously disavowed all knowledge of possessing any rounds with silver primers well then he could have been cross-examined or you could have made a motion to exclude or you could have dealt with it in a motion in lemon a but what you can't do is not turn it over as the court noted from Harper Prejudice must be more than speculative the court outlined so she's just now attacking the Court's ruling the court outlined its analysis of the sanction of dismissal with prejudice as it related to Harper in paragraphs 52 and 54 the court concluded in paragraph 54 that the disclosure of the tesy rounds was so late that it undermined the defendant's preparation for trial the state asserts oh you're in danger the state asserts that the Court's conclusion lacks a sufficient factual basis is woo boy your honor that's not based on facts the court is assuming that the defendant learned of the tesy rounds during trial even though the defense knew to cross-examine CST Popple about the rounds but they didn't know what they looked like and um that doesn't mean you turned it over the court is also assuming that the rounds in Kenny's possession from the 1883 training were the same as the three rounds collected from tusky even though there's no evidence of this the rounds belonging to the possessed a variety of different casings primer and projectiles yeah and some of them matched there is simply no evidence that Kenny was ever in possession of a 45 caliber live rounds with a Starline brass casing silver primer and lead bullet with a 6 mm cone however the defense could have argued that because they were arguing that the investigation was insufficient the court and Harper noted quote extreme sanctions such as dismissal are only to be used in exceptional cases and the court said that this was an exceptional case the trial court should seek to apply sanctions that affect the evidence at trial and the merits of the case as little as possible the court and Harper further held that the focus in determining prejudice is whether the missing evidence is important and critical to the case the potential for prejudice the court just had to find materiality the potential for prejudice is Manifest when and she's conflating the standards the potential for prejudice is Manifest when for example material evidence is withheld altogether or where the state withholds evidence until the 11th hour and then Springs it on the defendant however when Discovery is merely delayed in reaching the defendant or the defendant has knowledge of the content of the unproduced evidence determination of prejudice is more elusive the court found that prejudice did not be need to be determined here by the way this is not the wrong uh this is not the standard that the court applied but the court did say that this was an extreme case finally the court opined quote like outright dismissal of a case the exclusion of witnesses should not be imposed except in extreme cases and only after an adequate hearing to determine the reasons for the violation there was a full day of a hearing in the instant case the evidence still exists and can be subject to cross-examination and testing just as it was when the defense likely learned of its existence and the defendant knew the contents of the unproduced evidence and very effectively cross-examined CST pole um okay in paragraph 57 the court conducted an analysis relevant to its conclusion that the state should be barred from retrying Baldwin the controlling case with regard to this analysis is State V Barrett which was published 12 years after Miser Meer Miser and established a framework for the analysis of retrial I'm waiting to see if this law applies to this issue because so far far she has not stated the rule that allows the court to actually reconsider this the controlling case with regard to this analysis EST State bit the Barrett Court held quote we therefore adopt the following test when a defendant moves for a mistrial retrial or reversal because of prosecutorial misconduct retrial is barred under Article 2 Section 15 of the New Mexico Constitution when improper official conduct is so unfairly prejudicial to the defendant that it cannot be cured by means short of a mistrial or motion for new trial and if the official knows that the conduct is improper and prejudicial and if the official either intends to provoke a mistrial or acts in willful disregard of the resulting mistrial retrial or reversal the court continued quote willful disregard is a more precise term emphasizing that the prosecutor is actually aware or is presumed to be aware do you remember like 10 pages ago when you said you understood that you're presumed to be aware if law enforcement has it in their possession same same is presumed to be aware of the potential consequences of his or her actions you've already had Brady violations in this case the term connotes a conscious and purposeful decision by the prosecutor to dismiss any concern that his or her conduct may lead to a mistrial or reversal in this this case any misconduct on the part of the state could have been cured by a short mistrial giving the defense an opportunity to inspect the rounds yeah the court the court chose not to do that because there had already been um there had already been Brady issues so she's saying the court should have granted a mistrial and given the defense an opportunity to inspect the Tes key rounds and or request to have them tested by the FBI the FBI which it seems that Bull's request and they didn't do but okay or a jury instruction that the jury should assume that if the live rounds were turned in by tesy and tested by the FBI it would have uh been determined that the powder was consistent none of these Solutions were offered in K's argument against the motion to dismiss none of these things were offered Carrie argued none of this you don't get to argue it now it is too late for all of these arguments and in 51 Pages Carrie morresy has not brought forth any law that shows that this is a motion that is legally sound there is not a single statement of what the standard for review is here this is just a like God should have said this that's not how this works you it's been dismissed with prejudice Jeopardy attached what result what law allows for any result here the state asserts that it never intended to provoke a mistrial and did not act with willful disregard of a possible mistrial because the tusky ammunition is not material to the case against Baldwin for all the reasons outlined above yeah 51 pages of reasons finally Harper requires that the court consider less severe sanctions they did the court considered less severe sanctions and said I'm not going to do that and the court laid out their reasoning for not considering less severe sanctions including the prior Brady violation on the expert report that wasn't turned over in a timely fashion and then the fact that the prosecution certified that all the evidence was turned over and then it was found again that that was not true so the court did consider less severe sanctions the C Harper requires the court consider less severe sanctions and the court failed to consider less severe sanctions that were available no the court considered it and said Noah more importantly the ammo still exists and can be examined conclusion the state respectfully request the court reconsider its dismissal of the case with prejudice what law allows you to do that what law allows for that because you've cited none there is not a single site to any law that allows a reconsideration of a dismissal with prejudice not one the state further requests the court ordered defense Council to provide a description and all documents related to when and how they learned of the tesky ammunition so that the court May properly consider Prejudice to the defendant and a record for possible review by a higher Court can be created uh they're going to decline to acques to that based on work product finally the state requests the court reconsider the language in the Court's order granting defendants expedited motion for dismissal and sanctions concerning the veracity of witness Marissa Poppel your honor please please restate it that it um she she didn't she didn't say anything that was false under oath it was just um inaccurate and not correct get out of here with this 52 pages and not a single citation to any law or standard that allows the court to review this motion this case is done it is dismissed Summary with prejudice there were uh Jeopardy attached and anything that goes forward from here would violate Double Jeopardy there's nothing that says in this and har morrisy has done this in other motions where she just rehashes the facts as she sees them and goes but because and then that's it but because do this but because doesn't work here what standard of the review is the court to apply to determine whether or not they can reverse their dismissal with prejudice that can't be clawed back so what do you want the court to do I really think the um the court if the defense asks for sanctions might consider sanctions for filing this motion she cites no law that makes this motion proper and what Carrie morresy filed is a Rel litigation of the facts as she sees them shots at the judge the defense team and uh hannnah teras and a response um to the defense's motion to dismiss this is an objection to the defense motion but unless you are a Time Lord you can't just turn back time and relitigate this it's done um MB in the chat Carrie can we just turn back time um she wishes she were share if I can turn back time oh good we have an expert in the chat Doctor Who 8675309 oh there there are two references in that screen name um Doctor Who 8675309 said Time Lord here and I imagine the time Lords are going to deny this motion this is her resp response to the defense motion she's like your honor give me a month to come up with a better response I didn't have enough time this is shockingly bad I have I have a little bit of time left and we are going to look at the exhibi quickly um Miguelina will you change our title because we are not going to get to bulls' response we're not going to get to Hannah Hannah gutierrez's response to the state we're going to have to do it another day um this needed our time and attention so it's going to have to happen another day um because I want to see bus's snark and it deserves its own time our kid four said Carrie wants a flux capacitor facts Tim Lords officially deny this motion in fact we absolutely will not be a party to this fars Doctor Who 8675309 has spoken and um they're not doing it so Let's uh Emily did you really need to take the time to rant about Tik Tok Trends today before streaming for four hours yes because I wanted to all right let's pull up the exhibi is real quick I want to make sure I have both of them what exhibi is are we going to first um we need to go to 14 and 17 in the exhibits but I'm going to show you what's in the other ones too and then I wanted to look at the courts order real quick if we have time if we don't have time um I apologize because I have a uh I have kiddo stuff today because it's that time of year and kiddo stuff is ever present and the juggling of Parental time is um is substantial and significant this time of year all right let's pull both of these up where did it go States exhibits these are one through four this is 279 pages of State's Exhibits exhibits um Gino in the chat said will the judge or defense reply the defense if the judge does not strike this from the record as improper then the defense will have to reply because the prosecution filed it the judge might let it go so that the defense can ask for S sanctions um I would be surprised if the court struck the motion I think the court has grounds to strike it I don't know if this judge will I think this because there are so many shots fired in this motion I think the court will allow the defense to respond instead of striking the motion from the record for being improper and I imagine that's what um that's what the court will do the court could there's no law that allows for this but I also kind of want to hear what the defense has to say so this is the SAG um safety bulletin I imagine it is the entirety of the SAG safety bulletins because this is 279 pages and there is stuff highlighted on here so it general safety rules for handling firearms so this is the all of the SAG safety bulletins which are not relevant because there's no law that says that the court can reconsider any of this um let's see but there's a transcript hold on let's see uh the transcript was exported November 11th 2023 detective Hancock I thought he was coming with you so yes Baldwin and audible Hancock I'm Alex I'm the detective on the case so this is Baldwin's entire interview okay so that's um Baldwin's entire interview and how does how does that support that the law allows oh and this by the way this was not a manual this was transcribed by rev.com um so I imagine they had a transcript done of the video um I've used rep that's funny all right that's highlighted of the transcript we're not going to go through all of Baldwin's transcript that is most of what this 200 pages is comprised of because it's over an hour plus of interview and so his entire interview transcript is in there but that entire interview is on the internet already so the exhibits I wanted to take a look at were um not in this set of exhibits where is it why is it being difficult nope there we go um the state labeled these as exhibits 1 through four both times even though we're looking for exhibit what am I looking for 14a so we are looking for exhibit 14a this is another transcript of car morisy um talking to Troy t this is their interview but that's exhibit five so we need to find um 14 I'm not going to make you sit here while I scroll through to 14 because this document is 110 pages long so we're g to and there's no a table of contents so we don't know what page exhibit 14 actually starts on because they're all just kind of uh thrown in here let's see exhibit 14a oh I found 12 we're almost there chat we're almost there and um Emily why aren't you control effing well because every time this prosecution team uploads these they cannot be control F searched which is incredibly frustrating but you cannot just control F search them I don't it's got to be the way they upload the PDFs there's a name for it I don't remember it's OCR whatever whatever they can't be searched all right there we go exhibit 13 exhibit 14 is like a page fantastic it's the short one so we wanted to look at exhibit 14 and we're going to do that real quick this is in relation to her arguments and I was like I want to see what exactly was said let's see what exactly was said all right let's see this is a rough Exhibit 14A Transcript transcript from trial day two trial proceedings July 11th question but you didn't I mean he told you it had to do with the rust shooting correct answer yes question and he told you actually that he was a police officer in a neighboring County right I believe he said he was a retired police officer this is Popple and morisy I believe and he told you you all had been duped by Seth Kenny didn't he no in words and substance didn't he I don't recall that no okay and he actually said to you I'm willing to fill out a witness statement right no I don't recall that oh this must be Spyro's questioning this is Spyro's questioning no I don't recall that he told you that the rounds came from a green ammo can didn't he morsy judge I have to object to hear say judge sustained Spyro didn't you take the rounds that were provided to you by the way they were Starline brass nickel live primer weren't they I don't recall that's a cross-examination that doesn't mean that he knew that they were it means he was trying to get that information she is assuming a whole lot and now we've jumped from page 533 to page 549 answer it was clearly marked as live ammunition in the Box question and let me ask you miss Poppel the ammunition that the Good Samaritan Mr tesy the close friend of Hannah gutierrez's dad compound when he also facts not in evidence that ammunition that he brought to you after her conviction you still have it yes you can bring it in here and you can show it to the jury right yes and they can see for themselves that it does not match the live ammunition from the set of rust correct yes and that is obvious just when you look at it is it not yes that's actually worse than it was in her motion it's obvious when you look at the ammo given by Troy tesy that it is not the same as the ammo from the set of rust yes well that's not accurate because it's some of it three bullets of it are the same question do you know how many boxes of dummy ammunition were provided this set of R Us by Seth Kenny if I recall correctly just one Affidavit of Marissa Popple August 30th 2024 oh what is this this wasn't mentioned in the motion at all why are we discovering new things in the exhibi is okay on page Affidavit of Marissa Poppel 100 there is no table of contents stating what is in these exhibits and now the affidavit is not mentioned in the motion and now it is buried as States exhibit 15 oh my goodness cuz I wanted to look at States exhibit 17 so I was just scrolling through we were driving by 5 mil miles an hour so everybody sees you Affidavit of Marissa Poppel Marissa Poppel appeared in person before me today and stated under oath I am Marissa Poppel and I'm a crime teene technician with the Santa Fe County Sheriff's Department I am above the age of 18 years old and I am fully competent to make this affidavit the facts stated in this affidavit are within my personal knowledge ma'am did you consult with Council before doing this on July 11th I provided mistaken and inaccurate testimony when being questioned under oath what why are we doing [Music] [Music] this why why [Music] why what this isn't going to make it better this isn't going to make it better this exhibit is now in a motion and if Marissa Poppel ever testifies again this is going to be used as an exhibit to cross-examine her what are you thinking it's already laid out in the Court's order this isn't going to make it better where are the lawyers okay on July 11th I provided mistaken and inaccurate testimony when being questioned under oath concerning specific characteristics of 23 rounds of 45 caliber ammunition provided to Santa Fe keny Sheriff's Department by Troy tesy on March 6 2024 specifically I mistakenly testified that all of the rounds of ammunition received by Mr tusky were visibly dissimilar to other live 45 caliber rounds located on the set of the movie rust on October 21st 2021 when testifying on July 11th I did not intentionally provide false testimony the intention doesn't matter though it that's that's not the point the testimony was wrong I did not intentionally provide false testimony and it was not my intention to mislead the court or the jury I was mistaken about the specific characteristics of the ammunition provided by Mr tusky because I had not reviewed the ammunition report generated at the time Mr tusky provided the ammunition to the Santa Fe county sheriff's department for more than three months then say you don't know I don't know is a lot different than and none of those were the same correct cuz it was said with a full chest Carrie Morris's question was and that is obvious just when you look at it is it not yes it's obvious that they can see for themselves that it does not match the live ammo from the set of rust correct yes not having reviewed the report doesn't absolve the issue when testifying on July 11th I did not intentionally provide false testimony but you just said I provided mistaken and inaccurate testimony I was mistaken about the specific characteristics of the ammunition because I had not reviewed the report your report at the time Mr tesky provided the ammunition I was the only crime scene technician for the entire entire Sheriff's Department that's a bummer I had previously collected 87 live 45 caliber rounds of ammunition hundreds of rounds of dummy ammunition and thousands of rounds of blank ammunition related to the investigation in the death of Helena Hutchin on the movie set of rust sounds like you can explain that the next time you testify and get impeached for providing this testimony that is inaccurate but do you know what stands out for me in this at the time tesy provided ammunition I was the only crime scene technician for the entire Sheriff's Department how many cases did she work that no other crime scene technician touched all so how many cases are impacted by this all but this isn't going to fix it this has to be discussed on direct examination in every case she ever testifies every defense attorney is going to pull this the court order the transcript and be like and you provided inaccurate you provided false testimony previously that's going to be the question on Cross examination didn't you and she's going to say no it was inaccurate testimony and I was mistaken well how do we know you're not mistaken now wow at the time Mr tesy provided the ammunition I was the only crime scene technician for the entire Sheriff's Department I had previously con collected 87 live rounds the rounds previously collected were compromised were comprised of varying types of brass casing primers and projectiles okay so d three of the trial proceedings um is well let's just take a look do we have a minute oh I got a minut um judge summer that's not an issue though morisy the issue is the disclosure judge summer yes Miss morsey I understand I don't know that you do and and so I want the court to understand what I need to know in order to make good decisions are the good decisions with us I think this is it sidebar are the good decisions here where are the good decisions my concern is that the defense probably got this information from Mr BS and got it quite a long time ago that's probably true and I think that that's relevant to the Court's analysis if Mr Bulls provided the information to the defense if he provided photographs of those to the defense Mr Spyro so let me can I be very direct on that Mr Bulls didn't provide the evidence to me I'm surprised by that judge summer he did Spyro did not summer okay morisy can you tell us who did Spyro I don't think I have to do that I think you're probably right it could have been tesky tesy could have called the defense up and be like just so you know I went to the Sheriff's Department I dropped this off I don't know if you know or don't know but I'm assuming you don't know because you didn't call me so don't you want to hear what I have to say tesy could have reached out directly to the defense it's wild that b said no it wasn't him I don't think I have to do that if the court wants to know in camera how we figured this out I'm happy to tell the court it's still probably worked product Miss morsy okay Miss Spyro but the answer to the question is I don't believe and you can ask Mr Bulls himself I don't believe Mr Bulls knows everything about what just happened just so you know okay Mr Spyro I don't think he knows about the supplement I don't think he knows some issue with tesky he doesn't know this level of detail I do not believe right because Bulls bus knows what happens with tesky up to tesy leaving Court the day Hannah's convicted I don't think bus knows what happens next with the sheriff's department he only knows what tesky might might or might not have told them Morris he said okay so my concern is if is that if the court thinks that this is a significant enough issue that you may be inclined to Grant a motion to dismiss I don't think it's appropriate that the trial continue I think that we call the witnesses for the motion hearing and the court make a decision and then we go I just feel that it's not fair to the defendant ma'am what judge summer said no I'm thinking about the jury to be quite honest Morris he said I can start out by playing these interviews of him but judge summer said I'm thinking about the jury as what I'm thinking about Spyro said I am too your honor but through all of this and you know we appeared on Zoom for so long before the court Mr Baldwin has had his case brought and dismissed and brought back and he's finally here in court in person and there's also and I know the court knows all of this and I can tell how serious the court is taking this but there's also a defendant here I don't need him to you know he's not in good health your honor well he's he's not in good health your honor he's got to film a reality TV show he's he's busy do we know anything about Baldwin's Health judge summer all right all right all right we're sending the jury home for the day morrisy okay I'll get my Witnesses over here let's fully flush it out that the court can make a decision Well ma'am you were a team player then so what the [ __ ] is this motion Carrie you wanted to flush it out the court did flushed no bringing it back judge summer what I'm concerned about Miss morrisy is some of these Witnesses are you're calling to me the issue is the disclosure it's not it's not whether morrisy said how I guess my issue is the judge said actually you're right because the issue is I suppose the Prejudice so we'll hear about that too morrisy said right judge said all right thank you Spyro said can I just make a response the court indicated they didn't want me to before but just so the court has another interpretation of this I think it is completely exculpatory on this issue I don't understand how I mean you could take anything and since they're all ammunition they could all come from the same place the judge said all right all right Spyro said I guess she can say all she and this jumps from page 717 to page 710 oh these are out of order so we were missing a page earlier so now we're getting to page 710 page 710 Spyro so I would ask is to let us quickly just photograph it and we'll just put we'll ask CST Poppel to put them back and voucher them and remain at the courthouse that's what I would ask judge summer said okay is that okay morisy said absolutely my question for the court is are we going to complete this motion hearing judge summer no we're not going to complete it yet okay I'm going to morrisy can you just give us an idea so we can be be prepared oh so that jumps back in time the judge said well you should be prepared to call him um with regard to Seth Kenny morrisy so we're going to hear from these Witnesses outside the presence of the jury and then in front of the jury judge said oh you're right about that thank you morisy said that's my issue summer said thank you for pointing that out well other than telling the jury to leave for the and come back at three which I'm not going to do to them I'm going to continue the testimony and he well you said actually I'm thinking why can't the jury hear this Morris he said so and then the judge said they heard Popple and morrisy said I'm sorry and the court said they heard Popple morisy said oh absolutely no I'm making a comment on whether or not the defense gets to bring this in front of the jury I'm making a comment on the jury so there was just a miscommunication there that's not wild um this is from May 21st 2024 with regard to all the disclosures um which we've already gone over in other motions so the wild absolutely wild I wanted to look finally at the Court's order real quick because the Court's order was so clear um and I'm going to have to highlight the courts order and the next time we talk about this I'm going to talk about it more but I was looking for Court's Order 11-15 the Court's order 11 through 15 because Carrie was like uh-uh um let's see the court articulated the standard really well and this is what the court said the standard is this matter came before the court on defendants Baldwin's motion for dismissal under and sanctions under Brady and Rule 5501 having reviewed the briefing entertaining oral argument conduct an evidentiary hearing conducted an evidentiary hearing and being otherwise fully advised the court finds concludes and orders and then does the procedural summary and the factual background I'm going to cite how the case breaks down the St the court breaks down the standard real quick before we back up to what morrisy took so much issue with analysis and ruling overview of law pertaining to Brady violations and the court said under New Mexico's application of Brady when posttrial discovery of evidence under Brady requires a reasonable probability that the result of the proceeding would have been different discovery of evidence during trial requires an evaluation of whether the late tender has impeded the effective use of evidence in such a way that it impacts fundamental fairness of the proceedings and that is what the court was evaluating evidence is material under Brady only if it is re only if there is a reasonable probability that had the evidence been disclosed to the defense the result result of the proceeding would have been different Brady requires us to look at the entire trial to determine whether the defendant's conviction was obtained by violating due process and the court is saying however when it's late and it's during trial does it impact fundamental fairness that's the standard that the court was applying does it does it impact the fund fundamental fairness of the trial the Court also said the first element requires proof the prosecutions suppressed or withheld evidence and that happened here and the second El element is whether the evidence was favorable to the accused either as impeachment or exculpatory evidence was that evidence favorable as impeachment that law enforcement didn't run down these um these leads that law enforcement put it under a different case number is that impeachment towards the defense's argument that the investigation just focused on Baldwin that was their opening statement it all focused on Baldwin shiny object on Baldwin but does that allow you to impeach the witnesses if you have it so that's the standard that the court was considering and then the court went through the overview and went through the analysis the prosecution had an issue with paragraphs 11 through 15 um jury selection and jury trial days one and two on July 9th the court impanel and swore in 12 jurors sure on July 10th the parties made opening statements and four Witnesses gave testimony and she lists them further the court admitted numerous exhibi into evidence on July 10th on July 11th Poppel continued her testimony in the presence of the jury relevant to this order on Cross examination defense asked Popple about ammunition submitted to sfso Sam uh Emily not San Fernando you're not in California Santa Fe sheriff's office by Good Samaritan near the conclusion of the trial of Hannah Gutierrez Mr Spyro and a Good Samaritan walked into the police station and gave you the lethal ammunition didn't they I I mean I think it's similar I don't think it's the lethal ammunition but I took objection with it then I take objection with it now paple said after the hannaher's trial there was an individual that came to the police station and stated they had ammunition Spyro and they turned in the ammunition Papple yes Spyro and they gave it to you right Papple yes defense questioning further uh intimated that these rounds were related to the rest investigation Spyro and they told you that this was am amunition that ended up with Seth Kenny that killed Miss Hutchin right Popple I do not recall all of those statements all of their statements Spyro okay but you didn't I mean he told you it had to do with the r shooting correct Popple yes defense cross-examination further elicited testimony that San Franc not San Francisco either Emily my brain has gone to everything but Santa Fe next we're going to get to San Jose the sheriff's department inventoried the ammunition and a supplemental report concerning the circumstances of the collection of the ammunition in a non-rust investigation case number Spyro I'm asking you isn't it the case that law enforcement likely has the matching rounds to the ammunition that killed Miss Hutchin pole I don't know Spyro and you do not know because you made a doc report about this and did not put it in with the rest of the rest evidence correct Pole those rounds were not placed with the rest of the rust evidence correct Spyro nor were they sent to the FBI for testing with the rust evidence were they pole no they were not defense further elicited testimony from CST Poppel establishing that defendant was not given an opportunity to inspect the newly collected ammunition when defendant inspected ammunition inventor under the rust case number Spyro are you aware whether the Sheriff's Office ever informed the defense that a Good Samaritan came in and turned turned in this ammunition pole I do not know spiral Spyro when the defense came to view the Starline brass nickel primer live ammunition with you you didn't show them this did you I did not have an Evidence viewing with the defense that was my coworker bam Spyro your coworker didn't show this to the defense correct Popple I do not know Spyro do you have any reason to believe your co-worker showed this to the defense given that it wasn't put in the same inventory as the r case Popple no and she goes on and on the court really laid out how upset she was with the prosecution in a 22 page order that yes we've already gone over but the scathing language of this order about the prosecution includes an evaluation of dismissal with prejudice is appropriate for several reasons first the state repeatedly failed to fulfill its Discovery obligations during pre-trial litigation second state suppression of the tesky supplied ammo and related evidence constitutes willful and deliberate misconduct Third special prosecutor morresy elicited false testimony from CST Popple on July 11th in the presence of the jury fourth a mistrial in this case ah we were making points let me be great where did we go I don't know what happened what in the glitch fourth a mistrial in this case would not be based upon manifest necessity and Jeopardy had attached well before information concerning the non-disclosure came to light here a mistra would be based solely on the state's Discovery violations in the this case a supon declaration of a mistrial is improper citing case law saying a grant of mistrial is not proper merely to allow the state to strengthen its case at a subsequent trial or to secure the attendance of a witness which it neglected a subpoena or have presentent trial nor is a mistrial properly grounded upon manifest necessity where the state has acted in bad faith in seeking the mistrial fifth lesser sanctions such as an adverse inference instruction monetary sanctions continuous or reprimand would not cure the fundamental unfairness that the state's misconduct and its reverberations in trial had infused into the proceeding given the state's egregious Discovery violations constituting misconduct and the false testimony elicited during trial dismissal with prejudice is the appropriate rep remedy and then the court cites its inherent power to do so and Carrie morresy did not cite a single thing that buts or refutes this inherent power the state's Discovery violations injected a needless incurable delay into the jury trial further the state elicited false testimony from a state witness dismissal with prejudice pursuant to the Court's inherent power is additionally warranted to ensure the Integrity of the judicial system and the effective administration of justice the judge was like no not a chance not a chance and Carrie in this motion said that paple gave false testimony inaccurate testimony two witnesses said that Pappa's testimony was fault Papple submitted an affidavit saying it was false but she didn't mean it to be false that she was mistaken still not true still false see if we can do a summary of that for all of you that are still with me thank you it's been a long one today 52 pages of emotion from special Summary prosecutor oh boy is it special what makes it so special well the lack of any law that allows the court to actually reconsider a motion to dismiss when the remedy given was dismissal with prejudice not a single citation that the court has um exceeded the Court's discretion to dismiss with prejudice the court remedy of dismissal with prejudice is allowed under the Court's inherent power if the court finds a Brady violation and in the same motion morrisy says yes the court suppressed evidence yes the testimony of crime scene technician Papo was inaccurate but that just because it was a mistake that it was inaccurate doesn't mean that it's false among other alarming statements in the 52 pages of um but your honor I should have argued this when the motion to dismiss was before the court but I didn't so a month later and after it's dismissed with prejudice I would like you to reconsider your ruling even though Jeopardy attached and double jeopardy doesn't allow for that and the motion doesn't cite any law that would allow for that because no such law exists and she says multiple times that the defense was s bagging and that the defense knew about the um evidence from Troy tesy the rounds of ammunition that had been given to the Santa Fe Sheriff's Office and the defense held on to that little nugget and sprung it upon the prosecution at trial to get the case dismissed there's no evidence on the record that the defense knew what the rounds were that were in evidence but even if they knew the remedy would not be dismissal if the case if the da and law enforcement had turned that information over there's no trap to Spring if the prosecution turns over to the evidence that they're required to turn over the prosecution continued to argue that this was basically all a setup by the defense attorneys and that they waited until the most favorable motion oh the most favorable moment and she said that the defense knew more about this evidence than she did that she was completely unaware that it existed that there was a report had never seen it and just didn't know but also acknowledges that if it's in the possession of law enforcement it is her obligation and duty to know those things even if she does not actually know it was a absolutely wild motion Where Do We Go From Here in the Baldwin case well not to a retrial this case has been dismissed with prejudice but Carrie morrisy would like the defense to turn over what is likely Ed work product information of how they knew about the Troy tesky rounds it feels it's giving judge Glenville from the YSL case tell me who told you these attorneys Spyro are going to do exactly what attorney steel did and say no I don't have to tell you that it's work product I don't have to disclose how we knew because the person who's obligated to disclose evidence to the defense is law enforcement and the prosecution the defense doesn't have to tell you how they knew it's very very interesting to see Carrie asking for three things in this Motion One the court to reconsider and to like UND dismiss the case with prejudice which can't happen two the court to force the defense to disclose how and when they knew about Troy tesky and this evidence who told them and any documentation connected to it so that they can more fully make a record for appeal that's not going to go and three Carrie morresy wants the court to rewrite the court order to not state that CST poo gave false testimony under oath and to not state that Carrie morrisy elicited false testimony under oath but there's also a there's also an affidavit by CST Papo where she says that the um the statements were inaccurate and not correct but it wasn't intentional so it's also acknowledged in the same document that the evidence is false so where do we go well the court could look at this motion and Yeet it off the face of the Earth and deny it as untimely as inappropriate and just strike it from the record or the court could allow the defense to respond see if the defense asked for sanctions on prosecutor morsy for filing this motion and then set it for a hearing I wonder what the judge will do and I personally am interested to see what the defense response to this is and if they ask for sanctions and if the court allows them to do that because the response on this is going to be scathing the Court's order against Carrie morresy and the prosecution ruling for the dismissal of Baldwin's case was scathing and Carrie morresy coming into court saying um your honor so we uh disagree with you you are wrong you interpreted everything wrong I mean we didn't turn over evidence but that's not like suppression but like even if it is um it's the defense's fault that we didn't tell them about the evidence because they already knew about it and the authority they cite seems to be because I said so so we're not done with the Baldwin case even though I thought we would be cuz it's dismissed with prejudice which means it's done wild and keep in mind when the defense asks for sanctions depending on the amount of monetary sanctions against Carrie morrisy it would could require her to report herself to the State Bar in addition to any reporting that she had to do for the court finding the Brady violation on her so this is going to be um this is going to be a fight with these attorneys I think I don't think the court will strike it she can but I don't think that she will and I am very interested to see what happens when the court goes for hearing with Carrie morresy and Jason BS where some of these similar issues come up because the court will have read this before that hearing so when this hearing comes up on the gu Si's case at the end of September I am going to be fascinated fascinated um you guys I'm going to look at questions for just a minute and then we've got a scoot because I've got kiddos to pick up but I did want to acknowledge all of your questions chat I've got questions you've got questions we've got Q&A [Music] questions so I apologize um Laura asks will we cover the next hearing live it depends on if it conflicts with any other trials so it is going to depend on the calendar it looks like it might conflict with Donna adelon so we will see we will see I don't know um but will we cover it in some way at some time yes we will um but if it's going to conflict with adal and it might I might put up a poll and let you guys decide if we go to adelon late and cover this first some of these hearings are not great or if we um if we cover it a little bit after the fact so we'll do one or the other it's just going to depend on what happens um Casey cat said has a case ever happened where a dismissal with predjudice was ever dismissed or overturned Casey cat I've not seen one and the person who should have cited that case law if it is even a possibility would be Carrie morisy and she did not but I've never seen anything like that um Casey cat also thank you for the 10 additional gift of memberships Olga thank you for being a member for 16 months and thank you for the gift of memberships a non Mouse said but your honor they cheated so I can cheat too I want to win yeah just stomp your foot with that too and yes um Taylor McCall asked could she lose her license for this I think there could be uh the State Bar might not take kindly to this motion but filing this motion is in itself is not going to be a your disb could she be required to take ethical classes continuing legal education we will see if she gets sanctioned it will have to be reported but do I think this is something that's going to disbar her no do I think that she has some problems yes but it takes a long way um as we've saw in the gerardi case for why is my internet buffering it's not my internet just for the record it wasn't me it wasn't me it was a red it was definitely a code red moment um beats kill Bean said sounds like Carrie is very bitter and does not enjoy the damage of Brady violation is doing to her reputation well that's a that's unfortunate so very very very unfortunate let's see Kelly said EDB did you see in an NBC news article that morisy wanted a dismissal I didn't see that I will have to look for it so don't I will look for it Miss Eve said Iraq oh my God what law school did she go to yeah issue Rule and then either analysis or argument and conclusion um Regina Cecilia Rodriguez in the chat said could she be Brady Ed she already has been Brady listed NJ Kathy said so is she billing the state of New Mexico for this rant I'm sorry legal analysis I don't know what she's doing I think she might have gotten paid a flat rate but I'm not 100% sure so she is still on these cases I can't imagine that she asked anybody and this does not seem like a good idea just because said I worked as a runner in an indie movie almost 15 years ago in New York before I was permitted by the Armory company to transport a prop gun each time I needed a background check um Seth Kenny needs some Fallout but uh yeah Kenny is uh wild just wild and I think there's room for all of this so and room for it to be evaluated um Tai K said today is my son's birthday he is eight years old Ty happy birthday to your son I hope you guys have a great celebration chat I hate to have to chat for 4 hours and run with not enough questions we're at almost 4 and a half or 4 hours and 45 minutes this was a very long motion but I unfortunately have a hard stop and I am sorry um we have lots more to cover next week thank you for understanding that I felt terrible on Tuesday we are feeling much better now and next week we've got lots and lots to talk about there is a new Emily Show podcast up for you don't forget on Monday there is always a new quick bits and I have been adding in shorter stories that I'm not covering on streams into Quick bits on Monday so if you don't have the app or you're not tuned in to Monday's episode of quick bits those are new episodes I summarize what we covered in the week but also add in shorter bits of stories that we're covering that I haven't covered on stream it's not just our cutdowns of the stream that we put up the rest of the week on quick bits if you just need the summary the thing I love about quick bits is it also gives me the chance to give you more information after I've processed what we cover so much of this we cover at first glance and then after I've had a chance to process it a bit more I'm able to summarize it with more information for you in quick bits so if you haven't um if you haven't gone and subscribed to the quick bits channel do that we send it out in the app every time a quick bits goes live but that channel is growing and I very much appreciate you guys being there so for today so for today we're done I am I am so flabbergasted by this thank you Julie for putting the link to the quick bits Channel don't forget to go subscribe over there and check those out every Monday Leonards have a good weekend if anything else pops off I'll let you know in the app and I plan on seeing you on Tuesday if crazy stuff happens you never know it might be before and if it is well that's why we have the lawned app so we can let you know members I also have some updates coming for you guys based on stuff that we talked about on the last members only live if you're a new member go watch this month's members only or [ __ ] it's September last month's members only live because I've got some updates for y'all those will be in the member spaces and I'll talk to you soon you can stay up to date with everything I'm covering and fast notifications on our free IOS and Android app at law nerd app.com or search the app store for law nerd you can also follow me around social media and don't forget to check out my podcast the Emily show with quick bits dropping every Monday summarizing everything I do here on the live streams on Tuesday and Thursday for when you just have time for the quick bits thanks for being Al honered [Music]