Will Alec Baldwin Face Trial Again Over The Rust Shooting?

Road So Far 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 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 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 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 technician testimony called out special prosecutor morisy 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 a 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 file 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 honor in 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 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 tusky being a BS 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 and now there is a full [ __ ] motion of no you did not ma'am this is wild I was absolutely stunned to see that special prosecutor Carrie morresy 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 52 pages of emotion from Summary special 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 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 morisy says yes the court suppressed evidence yes the testimony of crime scene technician Papa 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 dismiss 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 sandbagging and that the defense knew about the 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 inevidence but even if they knew the remedy would not be dismissal 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 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 en forcement 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 protected work product information of how they knew about the Troy tesky rounds 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 he 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 car asking for three things in this Motion One the court to reconsider and to like undis miss the case with prejudice which can't happen two the court to force the defense to disclose how and when they knew about the Troy tesy in 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 well 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 morresy elicited false testimony under oath but there's also an affidavit by CST Papo where she says that 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 resp 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 because 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 morresy 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 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 morrissy and Jason BS where some of these similar issues come up because the the court will have read this before that hearing so when this hearing comes up on the gutier case at the end of September I am going to be fascinated for deep dives into the stories that I covered here you can find them on my YouTube channel at the Emily debaker and the Emily Show podcast I stream every Tuesday and Thursday the podcast goes live on Wednesdays and if you want to stay in the loop with everything I'm doing receive the fastest no ifications out there and get more lawner Community join me at lawner app.com our free app for IOS and Android [Applause]