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 defense’s motion accusing the state of burying evidence.

Poppell testified to receiving a box of ammunition from 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 questioned Poppell about why did she didn’t 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 defense’s motion alleges the Santa Fe County Sheriff’s Office and the state “concealed from Baldwin that there was evidence that the live round came from Seth Kenney.”

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 defense’s motion.

Kenney testified that, having supplied more than a thousand productions with dummy rounds, “there was never a question” in his mind as to whether he could have brought the live rounds to set.

Morrissey called the defense’s attempt to blame Kenney “a wild goose chase.”