The Jury Is Unexpectedly Excused for the Day After Defense Files Expedited Motion to Dismiss
The jury had only been seated for a brief time on the morning of July 12 when Judge Sommer sent them home for the day in the wake of the defenseâs motion accusing the state of burying evidence.
Poppell testified to receiving a box of ammunition from former Arizona police officer Troy Teskeâa friend of Gutierrezâs father previously identified as a âgood Samaritanâ but since identified in courtâafter Gutierrez was convicted of involuntary manslaughter in March for her role in Hutchinsâ death.
Spiro previously questioned Poppell about why did she didnât put the box with the rest of the Rust case evidence.
This morning, before the jury was brought in, Poppell again denied intentionally hiding anything, telling Spiro she was instructed to file the box under another case number, so she did.
The defenseâs motion alleges the Santa Fe County Sheriffâs Office and the state âconcealed from Baldwin that there was evidence that the live round came from Seth Kenney.â
After a lunch break, the prosecution called PDQ Props owner Kenney, who was hired to provide the Rust production with prop firearms and dummy rounds, to testify without the jury present as part of a hearing on the defenseâs motion.
Kenney testified that, having supplied more than a thousand productions with dummy rounds, âthere was never a questionâ in his mind as to whether he could have brought the live rounds to set.
Morrissey called the defenseâs attempt to blame Kenney âa wild goose chase.â
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