Thread by @DanaGriffinNBC

🧵DAY 10 of the "Rust" manslaughter trial of armorer Hannah Gutierrez-Reed.
Judge is hearing a defense motion and going over jury questions with counsel.
This portion is not being live streamed so I'll update you on what happens.
Jury will not arrive until 10a.
@NBCNews

Defense moves for directed verdict - over lack of evidence in case.
Defense: state has failed to prove that HGR brought live ammo on set and did it with a willful disregard.
@NBCNews

State argues:
HGR said herself that she loaded the gun.
HGR told detective that it was her job to check and to make sure in fact the dummy rounds were dummy rounds.
“She understood what her duties were. She failed in her duties," Kari Morrissey said.
@NBCNews

@NBCNews Morrissey:
“She had let 6 dummy rounds float around that set for twelve days.”
KM: Ms. Hutchins died because of a combination of factors: HGR bought live rounds, she loaded a live round, didn’t do a full and thorough check with the 1st AD.
@NBCNews

@NBCNews JUDGE DENIES MOTIONS FOR DIRECTED VERDICT ON ALL COUNTS
Court finds evidence supports count 1 and tampering with evidence.
Judge thinks there’s circumstantial evidence -
testimony and text messages are telling.
@NBCNews

@NBCNews On jury instructions:
Judge denies defense objection and language stands :
state does not have to demonstrate that HGR brought live rounds on set - she loaded the gun.
@NBCNews

@NBCNews Jury Instruction 2: negligent use of a deadly weapon
Defense requests the word “negligent” be changed to “reckless”
Defense: we agree with what Mr. Lewis proposed
Judge: negligent use of deadly weapon should be defined in jury instruction.
@NBCNews

@NBCNews Prosecution now wants a moment to look into this further. Court in recess.
@NBCNews

Lewis: on jury instruction regarding negligent use of firearm. They want to remove “recklessness” and leave it as “negligent.”
Willing to Include defense's proposed definition of negligence: must find defendant acted with willful..
Judge: No. “this is not how it goes.”
@NBCNews

@NBCNews KM: there’s case law that shifted that
MB: It’s on our slide (PowerPoint)
Lewis references State vs Yarbrough
KM emails case law to judge.
@NBCNews

@NBCNews Defense references State vs. Henley: criminal negligence includes recklessness
Judge leaves court to print out something.
@NBCNews

@NBCNews HGR has left court.
Note: Her father (Thell Reed) is in the hallway.
He could be called as a defense witness.
Courtroom is chatty.
@NBCNews

@NBCNews 10:08 - everyone is back in the courtroom including judge.
@NBCNews

Judge denies request for “recklessness”
On general criminal intent: prosecution objects since they don’t have to prove she acted intentionally
Judge denies defense request for instruction #1
Judge grants defense request for instruction #2
@nbcnews

@NBCNews Tampering with evidence instruction:
Prosecution wants to change “cocaine” to “suspected controlled substance.”
Defense objects
Prosecution: wants to broaden language since defense brought up that no one knows for sure it was cocaine.
Judge keeps word “cocaine”
@nbcnews

@NBCNews Court takes 5 min break before jury is brought in.
@nbcnews

@NBCNews 10:25 - judge enters courtroom - sidebar with counsel (They’re discussing defense witnesses and someone potentially bringing in a gun and dummy rounds).
@NBCNews

@NBCNews Prosecutor Kari Morrisey says out loud:
“He is a charlatan.”
Defense attorney Jason Bowles asks her to repeat what she just said.
She does.
@NBCNews

@NBCNews DEFENSE WITNESS 1: Lorenzo Montoya, OSHA Compliance Officer
Monnica Barreras questions
LM assigned to conduct safety inspection after Rust incident.
Purpose of investigation: find out what led to death and recommend corrective measures so it doesn't happen again.
@NBCNews

@NBCNews Conclusion: issued citation to Rust Movie Productions
OSHA determined that management teams were responsible for a series of failures that accumulated in an accident.
Management included Sarah Zachry, Gabrielle Pickle and Dave Halls.
Rust settled with OSHA at $100,000
@nbcnews

@NBCNews MB: Did you conclude that HGR was not provided enough time to inventory and inspect dummy rounds?
Objection - sidebar
@NBCNews

@NBCNews LM: “We came to the conclusion that she wasn't afforded time to conduct her duties to the best of her ability.”
LM: The employer is asking an individual to perform safety functions while also telling them they need to devote time to other duties
@NBCNews

@NBCNews LM: HGR had no authority to determine training - a violation of Rust training bulletin #1 (Armorer determines when training/retraining is necessary)
LM: Rust response to HGR’s comments of not having enough time went “unresponded and unheeded upon” by SZ, GP and DH
@NBCNews

@NBCNews LM: HGR had no authority to determine training - a violation of Rust training bulletin #1 (Armorer determine when training/retraining is necessary)
LM: Rust response to HGR’s comments of not having enough time went “unresponded and unheeded upon” by SZ, GP and DH
@NBCNews

@NBCNews LM: “Rust Movie Productions identified a workplace hazard and they adopted a firearm safety policy but they failed to enforce them.”
LM: Safety concerns were raised. They chose to simply not respond.
@NBCNews

@NBCNews CROSS: Jason Lewis
JL: Is it true you didn’t have sheriff’s report?
LM: Correct, only had their initial public press release
@NBCNews

@NBCNews LM agrees that he did not know HGR had 3 hours to conduct safety checks the morning of the shooting. @NBCNews

@NBCNews LM: employee expressed concern to Gabrielle Pickle about weapons left unattended
LM: it resulted in no response
@NBCNews

@NBCNews DEFENSE WITNESS 2: Robert Genoway, Bureau Chief for New Mexico OSHA
RG made decision to cite Rust Productions based on industry standards pertaining to hazards of firearms on a movie set
RG believes investigation was thorough
@NBCNews

@NBCNews OSHA has 6 months to complete investigations- sheriff hadn’t provided their report until after OSHA report
RG: sheriff report not necessary when looking at specific employer safety violations
@NBCNews

@NBCNews CROSS: Lewis
JL: Did HGR’s actions contribute to break down on Rust set?
RG: No
@NBCNews

@NBCNews JL references Feb 5, 2024 interview
RG doesn’t recall
RG looks at interview transcript for recollection but says he doesn’t remember what is written in transcript
@NBCNews

@NBCNews JL: Do you agree, that in the interview, you agreed that HGR contributed to the breakdown that occurred on set?
RG: Yes
@NBCNews

@NBCNews JL: reviewed film from Rust cameras?
RG: no
JL: engaged with any other armorers to aid investigation?
RG: never actually engaged those experts
@NBCNews

@NBCNews REDIRECT: Barreras
MB: Did OSHA bureau find that Rust afforded armorer enough time to inventory ammo?
RG agrees Rust failed to afford armorer enough time to inventory ammo.
@NBCNews

@NBCNews DEFENSE WITNESS 3: Scott Elliott, Criminal Investigations Expert
Bowles questions
SE on quality of investigation of sheriff deputies on scene: “Their response probably not what it should be.”
SE: Witnesses should have been segregated so they don’t talk amongst themselves
@NBCNews

@NBCNews SE: It was confusing when live rounds came on set and who brought them.
SE says that “wasn’t followed up strongly.”
@NBCNews

@NBCNews SE on prop truck search - there were firearms moved between shooting and arrival of law enforcement to prop truck
SE on search warrant on Seth Kenney’s shop - “a delay of a few day could be an issue.”
@NBCNews

@NBCNews SE: Seth Kenney’s phone was never fully extracted. Contact with Sarah Zachry after shooting warranted that.
@NBCNews

@NBCNews JB: Concerns about obtaining Baldwin’s phone earlier on?
SE: Every deputy should have known that since he was identified as the shooter.
(Baldwin's phone wasn't extracted until after he returned to New York).
@NBCNews

@NBCNews SE: Everyone was allowed to walk around and be on their phones except HGR.
@NBCNews

@NBCNews CROSS: Morrissey
KM: You work for Bowles and HGR and they are paying you?
SE: That’s correct.
@NBCNews

@NBCNews KM: Projectile couldn’t be matched because “it went through two human beings” - not enough markings left behind.
SE: True
@NBCNews

@NBCNews Court on lunch break until 1:30.
@NBCNews

@NBCNews Everyone back in court except jury.
Unknown witness has been sworn in.
He’ll be used as a defense expert for his firearm and ammunition background.
@NBCNews

@NBCNews Prosecutor and Bowles doing a voir dire examination of the witness.
Court will decide if he's qualified to testify.
We can barely hear what is being asked.
@NBCNews

@NBCNews KM: "I ask the questions and you answer them."
Everyone in court is now quiet, trying to listen in.
@NBCNews

@NBCNews Judge: You’re holding up jurors.
What is he going to testify about?
Can't make out argument but appears Morrissey is referencing dummy rounds.
Judge just told witness: "Be quiet."
@NBCNews

@NBCNews Witness holds up clear plastic bag with what appears to be rounds.
Witness tucks them back into his bag and hands it to court officer.
Potential witness leaves stand as counsel speaks with judge.
@NBCNews

@NBCNews Scott Elliott is now back on the stand as we wait for jury.
@NBCNews

@NBCNews KM: So any potential issues to that concern of yours, didn’t turn out to be an issue - this was the gun that fired the projectile
SE: Correct, yes
@NBCNews

KM: Police officer’s first responsibility is to save lives, not collect evidence
SE agrees
KM: HGR was checked by EMTs
SE: Yes, I did dee that
KM: And she was allowed to make phone calls?
SE: Yes, she was
@NBCNews

@NBCNews KM: HGR sitting in patrol vehicle with door open, had phone, never placed in handcuffs?
SE agrees
KM: How was she mistreated by police?
SE: didn’t say she was mistreated - gives the impression that she was in custody when you’re not free from constant observation by LE.
@NBCNews

@NBCNews KM on SE's statement of person leaving scene. Didn’t you interview Reed Russell - he went to hospital to be with his friends. He gave all his info to LE. Who’s the mystery man who left set.? He was identified right?
SE: Didn’t know he was the only one who left.
@NBCNews

@NBCNews DEFENSE WITNESS 4: Frank Koucky III, Blair Financial Group (Period firearms expert)
Bowles questions
JB: What’s your experience with period firearms?
FK gives long-winded response to his firearm experience since birth
Bowles stops him - “that’s a lot of information.”
@NBCNews

@NBCNews Bowles asks FK to retrieve firearm behind him
Judge stops FK and warns he needs to check the weapon to make sure it’s clear
He points barrel toward judge while trying to check (courtroom gasps).
@NBCNews

@NBCNews JB: want to make sure that Denix is the replica - to be clear, it cannot fire?
FK: correct
JB: The Pieta - take the cylinder out so we can show everyone it is cleared
FK turns around, points gun toward air, pushes out cylinder and shows it to court.
@NBCNews

@NBCNews *Pietta

@NBCNews FK walks over to jury to show Denix (replica gun) and then shows the the Pietta revolver to jury.
@NBCNews

@NBCNews JB asks FK to show on Denix how to properly cock and decock a replica weapon
FK: No one touches the trigger - this is now a gun ready to be fired
FK then demonstrates how to decock
Does same with Pietta revolver
"Finger must stay off trigger guard."
@NBCNews

@NBCNews FK now describing how to turn dummy into live ammo.
@NBCNews

@NBCNews JB: Can you tell a live round from dummy by looking at picture?
FK: No
FK says he saw equipment from evidence images inside Seth Kenney’s shop that could be used in one of the steps of converting dummy into live round.
@NBCNews

@NBCNews FK: If live round somehow found its way into look-alike dummy rounds – could have a person killed.
Both sides are bad.
FK agrees it’s important to have inventory system of rounds
@NBCNews

@NBCNews FK: 2021 - there was a “great ammo shortage” - couldn’t get primers to reload - even 9mm ammo - store shelves were emptied out.
@NBCNews

JB: Did you review evidence of Baldwin being dangerous not only at the time of shooting but other…

Prosecution objects - sidebar
@NBCNews

@NBCNews JB: Did you see evidence that Mr. Baldwin was not safe with firearms when he shot a blank after “cut” was yelled during scene?
FK: That was unsafe
@NBCNews

@NBCNews CROSS: Morrissey
KM: While sitting in the courtroom you pointed gun at judge
FK: I did not - never directly at the judge
KM: When you pulled gun out, pointed in direction of judge, court officer had to intervene and point weapon down…
Defense objects - sidebar
@NBCNews

@NBCNews Court adjourns for the day.
Judge: expect closing arguments tomorrow morning after defense finishes case.
@NBCNews

Prosecution: believes there will be issue with "approximate cause instruction" - without it, it will create confusion to jury
Judge: let’s handle that now
@NBCNews

@NBCNews Prosecution concerned about "bracketed language" - there may be more than one significant cause of death.
Prosecution agrees: Baldwin pulled back hammer and trigger - another significant cause of death.
@NBCNews

@NBCNews Prosecution: Defense could argue that HGR is not responsible, Baldwin is responsible
Defense: We’re in agreement with giving both of those - language in jury instructions.
@NBCNews

@NBCNews We're back at 8:30a
@NBCNews