The judge in the trial of actor Alec?Baldwin?had halted testimony in the case and sent the jury home for the day before reaching her decision this evening to dismiss the indictment.
Judge Mary Marlowe Sommer had been considering a new motion by the actor’s legal team to have the case thrown out based on allegations of wrongdoing by investigators.
The motion stems from testimony given by a crime scene technician on Thursday about some ammunition delivered to the sheriff’s office after the conviction of “Rust” armorer Hannah Gutierrez Reed, which?Baldwin’s team claims was not properly disclosed to the defense.?
Several rounds of ammunition were brought to the Santa Fe County Sheriff’s Office in March after the first trial concluded by retired police officer Troy Teske, a friend of the armorer’s father, crime scene technician Marissa Poppell testified.?
Teske allegedly told investigators he believed the ammunition could be associated with the “Rust” incident, Poppell said. However, the crime scene technician said the items were catalogued separately and were not included in the Rust inventory or tested to see if they matched the lethal round.?
Defense attorney Luke Nikas argued that the state didn’t do due diligence to share the evidence they knew about and concealed it from?Baldwin’s team. Prosecutor Kari Morrissey said that the rounds were not a match and had no evidentiary value to the case.
In a “very unusual” development, Judge Sommer asked for crime scene technician Poppell to be called back to the stand to discuss the rounds outside the presence of the jury.
The witness, judge and attorneys all donned blue gloves and gathered around a table in the center of the courtroom where the evidence envelope holding rounds turned over by Teske were unsealed and examined by the judge to determine whether the new evidence matches rounds recovered from the film set.
The courtroom was totally quiet and thick with tension as the judge compared the rounds.?