Jury unexpectedly excused for day after defense files expedited motion to dismiss
The jury had only sat a short time on the morning of July 12 when Judge Sommer sent them home for the day following the defense's motion accusing the state of burying evidence.
Poppell testified he received a box of ammunition from a former Arizona police officer Troy Teske— a friend of Gutierrez's father previously identified as a “good Samaritan” but since identified in court — after Gutierrez was convicted of involuntary manslaughter in March for her role in Hutchins' death.
Spiro previously asked Poppell why she didn't put the box with the rest of the items. Rust proof of the case.
This morning, before the jury was convened, Poppell again denied intentionally hiding anything, telling Spiro that she had been asked to file the box under a different file number, which she did .
The defense motion alleges that the Santa Fe County Sheriff's Office and the state “hid from Baldwin that there was evidence that the live bullet came from Seth Kenney.”
After a lunch break, the prosecution called Kenney, owner of PDQ Props, who had been hired to provide the Rust production with accessory firearms and imitation cartridges, to testify without the presence of the jury in a hearing on the defense motion.
Kenney testified that after supplying dummy cartridges to more than a thousand productions, “there was never a question” in his mind whether he could have brought the actual cartridges to the set.
Morrissey called the defense's attempt to blame Kenney a “wild goose chase.”
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