Rewatched this tonight. The transition from "defense is throwing spaghetti at the wall" Emily to "THIS IS PROSECUTION FUCKERY" Emily is almost cinematic. It's quickly become my comfort rewatch
I acknowledge the seriousness of this trial, but honesty that was the most entertaining thing ive watched in forever. Its 2am here in the UK and I can't switch it off. Emily, you add a level of expertise and hilarity to these live trials that is so unique. I applaude you!!!😂❤
@@sallycinnamon5370 Except she did do an interview on it and the testimony after she left clears her. She didn't know about the rounds in question. Kari Morrissey never disclosed it to her (Erlinda came to the case much later, so after the events took place) and when it was brought to her attention, she had an ethical obligation to move for a dismissal just like the defense was pushing for. So she agreed with the defense, the only hold out was Morrissey, so since Morrissey wouldn't do the ethical thing she quit the case. That is what lawyers are supposed to do. I don't get why you think Lawyers should do the unethical thing.
I am so immensely grateful for televised trial coverage. Finally, those who abuse their power with by being corrupt or incompetent are being brought into the light for all to see. In just one month we've seen negligent police work from officers who drive while intoxicated (Reed), a corrupt, deceitful judge (Glanville) and today a bully prosecutor refuses to take responsibility for her treacherous behavior. It's very sobering, alarming and infuriating to consider how many innocent, railroaded people are sitting in jail because they couldn't afford mllion dollar attorneys. That's not justice.
And we found out the same prosecutor and her cops took everything Seth Kinney said at face value when they shouldn't have. If that doesn't make everyone take a second look at their assertion that they know Hannah was the one to bring the live rounds onto set, I don't know what is. She should have checked the rounds, but Kinney not knowing where his live rounds are at any given time, and when the dummies were picked up, tells me his "helpfulness " may have been him getting ahead of that bus. It tells me that Hannah's recklessness was mitigated by Kinney probably supplying live rounds, which no one in their right mind would suspect a prop house to supply.
Yeah. I mean I don’t watch a ton of cases, but this seemed a bit unprecedented. I think she was doing it to save from being disbarred, but I don’t really know. Like she was trying to get on record it wasn’t willful.
@@mespb She was putting stuff on record for an appeal of the judge's decision. Pretty cool precedent, you aren't guilty of killing someone if you don't know where ammo came from.
OF COURSE, this is the one day I'm not in court! 300 years in the Read trial, 2 days of Baldwin; I'm gone one day and the tea comes out a garden hose!!
Morrissey asked Poppel these three questions (1:46:26): "if you 'buried' it, how did the defense attorneys know to cross-examine you on it yesterday?", "Do you have any idea when the defense attorneys learned about this ammunition?", "Do you know who they learned it from?" She then said "Those are some important inquiries". Her focus, even during the hearing, was on figuring out how they got caught, not how all of this happened!
Yeah, it reminds me of the alex jones civil case where jones' lawyer sent their entire disk of files to the other party by mistake (the files they claimed didn't exist) and then Jones got grilled on the stand and he kept saying "well we obviously disclosed it since you are asking me about it now"
I'm a paralegal also. I have to run everything by my boss whether I think I know the answer or not. I am not a/the lawyer. It is their bar number on the line with all matters!
I’m in the middle of some litigation right now and I suspect my attorney is unfortunately “offloading” many of the tasks that he is actually supposed to be doing to his paralegal, and I am noticing many little mistakes, having to call, email and correct them often. I don’t blame the paralegal, I’m sure she’s overburdened and doing the best she can, but I’m starting to be irked by what I perceive to be my attorney shirking things off and having the paralegal do things that the lawyer should be :/
I'm a paralegal too, and I hate the blame the paralegal bullsh!t. Usually the responsibility of an attorney that dies not want to take responsibility for his/her actions
Another paralegal here - I echo what everyone in this chain has stated. “Not my bar number” is my favorite response to attorneys who try to blame their mess ups on paralegals lol.
As much as I dislike Alec I’m happy that it’s dismissed under these circumstances. If a rich celebrity can’t get all the evidence by his legal team what chance do normal people have.
The sad thing is most other people are convicted because they dont have that million dollar defence and the ability to find this information and it can take decades to get to overturning the conviction.
@@harperr2180 and sometimes even if they have it, if the entire system is corrupt, they will keep doubling down. There are cases right now even proved by years of work from innocence project and the county refuses to eliminate the execution date. Is gross. For me any system lead by humans will never be perfect, because the power corrupts, but the judicial immunity makes it worst. They can pass decades doubling down and nobody will make them accountable. That is why this judge won my heart today. If you look at Hannah’s sentencing, is evident that this judge believed in the case, but the moment she saw the minimum appearance of impropriety, as should be, she got curious. She has all my respect.
This is exactly why we need cameras in ALL court rooms! How many people who can't afford a defense attorney (team) like this, has this happened to? I'm shooketh, & disappointed in our justice system.
@@JenBee1 I'm going to slightly disagree. But only slightly. Family court, cases involving that are minors, there are exceptions to all courts being broadcast. But general, district, criminal ABSOLUTELY! And I'd argue felony court should be taken off the exception list unless lives are at stake, classified information is discussed, or national security is at risk. Even then, there cam be a delay for reactions or certian days not broadcast.
Emily, I broke down watching the end of this. What a day to witness the justice system play out as it should. I'm about to turn 43, and this was the final prod that I needed to go to law school. You gave me my purpose. Cheers to you and everything you give to the world ❤
The year I turned 40, Emily covered Depp v. Heard and that was my signal to apply to law school. I’m now in my 2nd year and can’t recommend it enough. Self-assess yourself along the way with hypos and Quimbee and all the prep questions, do re-readings of the cases and update your briefs and you’ll sail! You can never over-prepare for the final!!!
When the prosecutor has to take the stand they're not trying to save the case they're trying to save their career. My grandfather was a defense attorney for three decades and said he's never even heard of this happening before.
I suspect she may face discipline from the State Bar, and she realized that, and was trying to get her side of it on the record. If nothing else, she certainly hasn't done her career any good.
@@20thcenturyrelic Maybe. I have a feeling that she might actually welcome an official investigation. Really, I think this speaks to some major animosity between her and the Sheriffs department.
“This is a terrible fucking idea……i mean I’m living, but for you, this is a terrible idea.” THIS SUMS UP MY WHOLE AFTERNOON ABSORBING THIS TRAIN WRECK.
THAT'S a good prosecutor. Following the law, full stop, no regard for the damage it may do to their case/conviction record. Just knowing that they (not necessarily they themselves but the state as an institution) screwed up royally, and, consistent with the duty of candor to the court, dismissing the case themselves as a result.
EDB, I came back to do the replay crew thing at 10 pm ET to watch again. Watching your mindset change as evidence comes forward is why I Stan. Proud to be a Law Nerd for six months. Thank you for everything you do.
@@pigtails98 i absolutely love EDB!! I was work/watching earlier. For replay I have it on 1.5 speed and I have to keep reminding myself that’s why she seems exceptionally quick witted tonight plus her reactions are so worth the partial re watch. Plus I have nothing better to do on a Friday night 🥤
I just love the genuine transition of emotions that EDB passes through as she covers the trials. Shows how objective her coverage of the trials is. Thank you EDB!
I'm actually so happy for Mr. Baldwin. I have followed this case since day one, and being in the Art Production business myself I have always been a strong believer of his innocence in this matter and that he should not be charged for it as an actor and it was questionable to do it even as a producer. Congratulations to you Mr. Baldwin. I'm happy for you and your family. I'm sorry to Halyna and her family about how this was fumbled but the result I think would have been the same. It's upsetting they won't find closure though from this.
Then you don't understand what the case is about. He is charged with creating unnecessary and potentially lethal risks on set - which is exactly what he did if you pay attention. Watch the armourer (Brian Carpenter)'s testimony from the Hannah Gutierrez trial, and it is clear as day that Baldwin is guilty.
That was a quick trip to New Mexico!! Never thought it would turn out like this. WOW. Thank You EDB for coverage. Looking forward to Coffee and Cursey words on Tuesday.
Erlinda Johnson was like Brady violation? I’m out. Like this was so wild. Discussing this in like you learn this in law school: you turn over everything doesn’t matter if you think it’s irrelevant.
She was not aware of this evidence and that it was not turned over. She talked to Kari over lunch and felt that they had an ethical obligation to agree to the dismissal of this case. Kari disagreed, so Erlinda resigned as she did not want to continue to trample on the defendant's rights.
In law and crime I heard she quit because she didn’t want this part to be televised. Why? We don’t know. Maybe more details will be in as days go by. People have theories so that may entice her to make a statement.
Oh, she DID NOT blame the paralegal.... oh, hayell no. As a paralegal myself, this is one of the most annoying things, when an attorney blames a paralegal for a mistake. That's lawyer 101... never blame your paralegal for your screwups.
Can't help but be fascinated that she doesn't seem to realize just how bad it looks to make the argument "I can't be held accountable for this fuckup because it was someone else down the line who didn't do what they were supposed to" when her entire case against Baldwin is based on the argument that he can't be absolved of his own negligence just because someone else down the line didn't do what they were supposed to. I believe Baldwin should have been found guilty of at least something here, but I can't help but balk that they tanked it this bad, and that Kari is going with that line of reasoning for why they should give her a pass on not doing what she was supposed to on THIS case of all cases.
Hattrick of prosecutorial/investigator misconduct with the Baldwin case, the Karen Read case, and the Yung Thug case. Must be a bad month to be a prosecutor in a high profile case.
Don't forget the level of incompetence that the investigators displayed in the Murdaugh trial as well. These trials have eviscerated my faith in law enforcement.
And what happened in the YSL rico case!!! Judge had an experte meeting with a sworn witness WITHOUT anyone from the defense team!!! Defense found out, asked judge about it and judge was like who told you? Who told you? Att got thrown in jail!!! Everyone in position of power, everywhere! In every industry!
And what happened in the YSL rico case!!! Judge had an experte meeting with a sworn witness WITHOUT anyone from the defense team!!! Defense found out, asked judge about it and judge was like who told you? Who told you? Att got thrown in jail!!! Everyone in position of power, everywhere! In every industry!
The comparison is insane. You’re telling me there’s a Brady violation and the court actually dismisses the case? It’s like the Karen Read court is in its own universe
Well, this will be an EPIC case study for every law school in the land! That prosecutor isn’t missing the point but rather she’s trying to minimize the fiasco.
Didn’t even look at them. Just tossed them in an evidence locker under another number unconnected to the case. I wasn’t impressed with her in the HG trial. Hope there is at least some disciplinary action.
@@sallycinnamon5370 Disciplinary action shouldn't stop with her, either. From "the police want this from you" to "the prosecutor wants this from you" to "we should file it under a different case number" is pretty bizarre. The prosecutor made clear she wouldn't have disclosed anyway, but this action ensures that even reviewing the case files wouldn't reveal the existence of this evidence, and that it wouldn't be tested against the Rust evidence. Why?
@@BratLyagushkaespecially because it probably wouldn’t have changed much about the trial anyway. Maybe would have helped their idea it could have been outside Baldwin’s control etc, but there were going to be some cell phone conversations coming out, his interviews and statements, plenty to work with. And they tanked it just because they were full of themselves. How many times has this law & order team done something similar and gotten away with it because there wasn’t another defense lawyer who knew about the evidence? So arrogant to do it on this high profile of a case. The family deserved better.
@@laurawendt8471 Yeah, I agree it probably wouldn't have ended up changing things. The perspective of the individual jurors on the "check it yourself" perspective vs. the "trust the experts" perspective would likely have determined conviction, acquittal, or hung jury. Here are some of the possibilities I've thought about since. 1) This is immediately after a conviction (HGR). Perhaps someone reacted like "New evidence now? Last thing we need! Bury it!" 2) As you mention, it could have implied a possible additional intervening cause (did Kenney supply the rounds?), which could have been used to argue for reduced culpability, either to the jury or to the judge at sentencing. 3) Kenney was astonishingly (suspiciously?) close to the investigation throughout, even essentially interviewing witnesses for them (the text messages to Teske on behalf of the police???). Also, they'd publicly cleared him, asserting that HGR was the only possible source. If he was close enough to someone that they let him so close to the investigation, perhaps someone decided evidence that could reopen the Kenney question should be buried. That might imply that Morrissey was genuinely out of the loop on "this would result in a different undisclosed case number", if it was a cozy relationship between police and Kenney that triggered it. But of course Morrissey continues to defend the actions, so she's not innocent, whether she knew about the other case number at the time or not...
All the breaks made me realise that my Catholic childhood was training me for this day. Sitting, waiting, and being able to take solace in knowing that, eventually, there would be an end 😂
This was the right decision. I’m replay crewing with my 80 yo grandparents on Saturday. I was getting super chatty about this with my grandma when I woke up this morning and then she joined me to replay then grandpa joined and now I’m here explaining the law nerd community to them. Thanks EDB for your coverage 💜💜
I despise Alec Baldwin and it’s not political either. But this was the right decision. You shouldn’t watch true crime if your top priority isn’t a fair trial.
There was no real reason to dismiss with prejudice. I don't see why they couldn't call a mistrial and re-hear the trial later and sanction the prosecution. The family of the victim must be livid prosecution spiked the ball like this.
@@Playtechythe sanction IS the dismissal with prejudice. After the trial begins and jeopardy attache, if the prosecution causes a mistrial by their conduct then they don’t get to try again. Otherwise, if they were crafty, they could purposefully cause a mistrial if it was going well and take a second chance.
Ok. Happy that the only sane thing was done here, but as a teacher with the rest of my summer ahead of me, I’m not gonna lie, I was looking forward to more daily streams. 😂😂😂
I used to work in film ( Canada) and know a few armourers, even one that worked with Thell in the past. No one I have spoken to about this horrible case believes that the actor with the gun in his hand should have even been on trial. Fundamentally this case is about trying to get the ‘big’ name. No one who investigated or prosecuted really understood how a set works. No matter why this case was dismissed this was a fair ruling. Anyone who ‘hates’ an actor they don’t know cannot form an objective opinion. And there are tons of people who feel this way. I am confusion on that.
Ive been working in the tv/film for 10-11 years now and the most frustrating part of HGR’s trial was that the prosecution had no idea how a set works. Hannah needed a competent attorney that understood just how awful and unsafe Rust was, it would’ve helped beat back Kari’s bullshit. I have loathed Kari since the outset and I’m glad she ultimately disintegrated in the end.
I don’t think as an actor he should have been charged, as a producer there were lax safety standards and they had other unsafe incidents, that would have been more appropriate. No one thinks when handed a gun on set, in theater that it’s is loaded and clearly it may not have been obvious when checked by the actors
The sad thing about this is that without these caliber lawyers they would have gotten away with it. If you don’t have as much money as Baldwin, you might/will not get a fair trial
Thanks EDB for the coverage! Erlinda resigning during the day is the thing that sticks with me the most. I wonder if it started with the defense's filing the previous night and by midday Erlinda realized she couldn't salvage the case. I wouldn't want to work with Morrissey if I flew in an expert from Italy, put together a strong case and got ready to present it in front of a jury only to learn that I was about to get stomped by a potential Brady violation. I don't think we'll ever know for certain what Erlinda knew during the day but I do find it exceedingly interesting that she decided to gtfo during Seth Kenney's testimony, and that what happened right after that testimony was that Corporal Hancock implicated Morrissey in the Brady issue and set off the ultimate chain of events that led to the full telenovella we witnessed in primetime. I wonder if Erlinda knew what was about to happen at that point, did the cost-benefit analysis, and slammed the eject button before she got caught in the courtroom circus that was set to unfold. I am absolutely dying to see the sidebar transcript for just that sidebar alone, I need to know exactly what Erlinda said to Judge Sommers when telling her she was resigning from the case, especially since it seems that Judge Sommers just let her do it!
My guess is that Keri thought it wasn't even important enough to share with her co-council. Keri could be right - that it has nothing to do with Rust - but nobody closely investigated what he brought in.
@@pigtails98 With the interview we now have from Erlinda, it looks like you were probably right. She claims to have not known anything about this evidence until the rest of the public heard about it on Thursday afternoon, so evidently Morrissey completely disregarded it to the point of not even caring to share it with her co-counsel. If Erlinda didn't know about it, I wonder if it was even noted anywhere in the Prosecution notes.
@@bennypit4411there is no way that the prosecutor tried to get this thrown out. This blows up her entire career. She might agree with him politically, but an AHs and AH. She wanted to get him convicted, as there was a lot of precedence to never convict him in the first place.
I’ve never seen a prosecutor take the stand in their own trial. In many jurisdictions that wouldn’t even be allowed. I’ve never seen a co-prosecutor resign in the middle of a trial. I’ve seen defence counsel resign but never a prosecutor.
I don't know that I believe she's corrupt. I think she royally messed up and the case absolutely got thrown out properly. I think she assumed the rounds were irrelevant and didn't do what she should have done and go look at them herself.
It was interesting watching her try to evade Spiro's questions. I think she didn't understand what he was getting at, but she knew it wasn't good for her. Idk. I watched Seth Kenney's police interview here on RU-vid, and what struck me was how eager he was to throw Gutierrez-Reed under the bus. I thought that he was trying to direct the detective away from his role in possibly supplying live rounds to the set. I'm wondering if possibly the sheriff's department is now going to look at him more closely. I don't think he has an immunity agreement. From the photos I saw, his shop is a mess, and I believe he admitted in testimony in the G-R trial that he doesn't keep an inventory of ammunition.
@@20thcenturyrelic it would be nice if new team of investigators picked up pro bono to comb through all the cases filed -including cases filed outside of the Rust trial. Call in the ones who left the set (what was their reason for leaving?) (could they have planted a live round to prove their point for their reasons on leaving?) Look through all footage. It could be there is clear evidence on who is as fault and we find these trials was a complete waste of taxpayer money.
You, and only you, are the one that I turn to for excellent explanation that I, as a layperson, can fully understand. Finally I get what “with prejudice” means. I love your honest reaction… it was how I realized just how important this ruling,,, this deception, was. I’m overwhelmed with caring for my 91yo Veteran husband with Alzheimer’s and 2 14 mo old pups my sons gave me just before cancer took my oldest at 52yo so I am no longer able to watch your amazing podcast as I used to quite sometime before that definitive Depp case. Thank you for years of not only great legalese but the entertainment value of your incredible personality. I found you way before the incredulous nearly over a few fortnight’s time and your fun beautiful makeover (which I’ve envied I wasn’t younger to emulate) Your dedication to family First has matched my life. That you are having fun most of the time makes me feel happy. How you’ve acquired talented crew and advisors for production.. win, win. 3 Q: 1. Your husband was part of your crew… has he left his career to solely work with you (if so, how’s that working out)? 2. What’s your family up to today (I’m sorry but only recall you speaking of your son and baseball, I think?). 3. Who would you cast as you in the movie of the week? Thank you for retaining your true self, staying humble and always respecting others and not allowing or condoning listeners to act on anger or incite poor behavior when they get over involved in some of your cases. Somehow, you effortlessly navigate between the people such as myself and more educated Law Nerds such as yourself or in the process of their education. I’m sorry for the length of this, but I probably won’t be commenting for sometime.. God bless you and all of your loyal followers. ~ K
Wow, what a day. I hope that someone excerpts the parts starting when Kari Morrissey takes the stand and ... the end. Emily's reactions were priceless.
@@rachelsavard851I rewatched the first time Poppel was on the day before, and wow the way she was dodging and he was trying to get her there, now it just looks like she was withholding on the stand. We were all saying oh she is choosing her words carefully, she only wants to talk about her specific job/field, she is a good tech witness. NOW… 😮 it’s there
EMILY!!!! I was watching ALL DAY at work but then had to go to a birthday dinner. Catching up on the last 3 hours now. HOLY SHIT!!! WHAT A DAY! Thank you for your commentary and all that you do, you are incredible!!
Wow. Wow. Wow. That was 👌. Thanks EDB for your commentary and analysis. I started watching this hours behind. Its 5:05am in Kenya and once I got hooked yesterday, I just went on. Could not stop. Could also zoom zoom for myself. It was literally live court magic. Wow. Okay, let me catch some sleep or something. Wow
Can't believe I decided not to bother watching this at the time, because I was running a couple of days behind and then suddenly the trial was dismissed. This is absolute dynamite! My favourite part so far is when the prosecutor loses her mind, calls herself as a witness without representation and launches into a narrative testimony. I am in awe.
Emily, I just re-watched your coverage of Day 3 Alec Baldwin for the 3rd time!!!! I am such a law nerd!! You are great. It was better than a movie! Love your reactions. You are fun and a great educator on trial law. Not just for us law nerds , but every criminal lawyer will be talking about this. Thank you sooooo much. You do a great service and you're funny as heck!!!!
I-fell-down-the-rabbit-hole.....all of this is totally surrea!l A Gazillion thanks to you Emily for the amazing coverage of this trial 💜 Lots of love to all the Law Nerds ♥️
THAT is an ethical judge...and Erlinda Johnson is a stand up prosecutor. If only Mass, Fulton County, and so many others were as ethical as these 2 people...and I do not like Baldwin.
@@fitflik4784it was so refreshing to see a Judge so involved. From wearing gloves, referring to her own note taking , and asking the right questions which led to exposing the prosecutor and lead officer basically colluded to withhold evidence. This case was insane!!!
@@Andy-qk4io It was interesting watching the judge go from being deferential to the prosecutor to realizing that there had been serious prosecutorial misconduct. I have to agree with EDB that the judge was mad as hell about it. In a very judicial and professional way.
I watched Runkle calling this first and he was calling it as 'house on fire' and Prosecutor in trouble and heading for Dismissal meanwhile at the exact same points Emily is calling it for the prosecutor and how calm she is and the defence is pulling fcukery. So interesting it shows the different way a prosecutor and a defence lawyer calls the same information and how it totally affects the way we see it. But it was Runkle calling what was happening so early. Then when Emily gets there and goes code red you just KNOW sh$t is about to go down. Honestly this is better than any TV show.
Honestly people are always trying to gain an advantage through any means. Its every where. Just one example in sports it takes the form of performance enhancing drugs.
As a career law enforcement officer, this was bad, really, really bad. That investigator deserved to have her behind handed to her because everyone except for the defense KNEW that this evidence existed. I am throwing the bullshit flag on vouchering the evidence under another case number. They knew good and damn well that it was applicable to that investigation but to draw a new case number. Wow, just wow.
Thank you Emily and Mods for sticking with us for 9 long hours! I missed half of today getting ready for tomorrow. Thank you lawnerds for the luck! Replay crew time ❤ Edit: just finished. I don't know how to feel. I can't imagine how Halyna's family feels. The second trail in a row no answers given. Everyone is being Canton sketchy. Was he an excuse to lock up? Idk what to think
@Seasheasells For all the crap that Lally pulled he was NEVER sanctioned! J&Y were sanctioned because Dr. Marie Russell offered her services after the trial had started!
Replay crew here - like EDB says what is legal isn't necessarily moral or right. My heart goes out to the victims' families tonight. I strongly believe he is guilty and should be held responsible. It makes me angry that he will spin it as a win and vindication. I hope this haunts Carrie in her private times.
I, too, appreciated Alex Baldwin's Saturday Night Live stints! Best ever! This prosecutor? She's something else I'll say. But the best part? Emily of course!!!
Yes he was funny on SNL. I can be unbiased there. But he’s a terrible person and a google search will point out all the horrible things he’s done over the last 30 years. Him calling his wife hours after Helena Died (after HE sh0t her) to tell her to come to New Mexico for a fun visit or else they’d lose their air fare is the most disturbing thing he’s done. He had zero remorse for what he did and zero empathy for her suffering and her families trauma.
@@kateashby3066he’s an awful person, but I do think he had remorse. He was in shock. Alec is known for being an AH, but I don’t think we can say he didn’t have remorse. There’s other examples where he does show remorse.
Love being a law nerd, and being able to feel really sad for the victims, to really dislike Alec Baldwin and also be furious that Alec's rights were trampled on.
I stopped watching after the first few hours because the hearing stuff was confusing me, then my husband walks into my office and goes- did you not watch the trial today?!? And I hopped back in. This is wild
