(DEDHAM, Mass.) — The judge in the Karen Read murder trial has declared a mistrial after the jury said it was unable to reach a unanimous consensus on the fifth day of deliberations Monday.
Read was charged with killing her boyfriend, Boston police officer John O’Keefe, in January 2022.
Prosecutors allege she hit O’Keefe with her car and left him to die in the middle of a snowstorm after the two got into an argument earlier in the day. Read has strenuously denied the allegations, and her lawyers alleged that a fellow police officer was involved in O’Keefe’s death and colluded with others in a cover-up.
She had pleaded not guilty to second-degree murder, manslaughter while operating a motor vehicle under the influence and leaving the scene of a fatal accident.
After jurors told the court earlier Monday they had been unable to attain a consensus, Judge Beverly Cannone read them the Tuey-Rodriguez instructions and had them return to their deliberations. Per Tuey-Rogriguez, the judge would be forced to declare a mistrial if the jury returned once more undecided.
In a note to the court Monday afternoon, the jury said it was unable to reach a unanimous consensus despite an exhaustive deliberation process.
“Despite our rigorous efforts we find ourselves at an impasse,” the note, as read aloud by Cannone, said. “The deep division is not due to lack of consideration but to a severe adherence to our personal beliefs and moral compasses. To continue to deliberate would be futile.”
In response, Cannone stated, “Your service is complete. I am declaring a mistrial.”
This is a developing story. Please check back for updates.
(WASHINGTON) — A helmet-mounted indoor visualization and navigation device that allows first responders to see through dark smoke could soon be available to fire departments around the country, according to the Department of Homeland Security.
The Department’s Science and Technology Directorate is opening applications for fire departments around the country to apply for the technology developed by an Austin, Texas, startup Qwake Technologies. The technology was developed by Qwake along with the DHS through a 2020 contract to develop fire safety technology.
The device is called C-THRU, according to the Department.
“We know improved equipment and technology for first responders will help save lives and protect firefighters,” said Dr. Dimitri Kusnezov, DHS Under Secretary for Science and Technology. “Through collaborative partnerships with industry, S&T supports the development of devices like C-THRU that address challenges we know exist for first responders, and we’re leveraging emerging technology to meet their most urgent needs.”
There are 400 prototype devices available for fire departments to apply for.
The device is hands-free, light-weight and has a high-speed thermal camera, mounted to the device and similar to those firefighters currently use, which captures surroundings.
MORE: Canadian wildfire smoke could again impact US, experts said “Along with providing a clearer, real-time view of an environment, C-THRU also helps reorient firefighters with navigation for backtracking that provides turn-by-turn guidance,” according to a press release from the department.
“If a firefighter does become lost in a burning building, a mayday function can be activated, which alerts other C-THRU wearers in the area to find the distressed first responder. Similar to a smartphone, the system will continuously improve with over-the-air software updates.”
(NEW YORK) — Hunter Biden on Monday sued Fox News and its parent company over their production of a fictional miniseries that attorneys for the president’s son called “an effort to harass, annoy, alarm, and humiliate him, and tarnish his reputation.”
The miniseries, called “The Trial of Hunter Biden,” is described by Fox as a mock trial that seeks to show “how a possible Hunter Biden trial might look,” and includes several sexually graphic images of Hunter Biden.
In their suit, filed Monday in New York state court, attorneys for Hunter Biden accuse the network of “politically motivated attacks against the President and his family” and the “unlawful commercial exploitation of Mr. Biden’s image, name, and likeness.”
They accused the network of unlawful dissemination of an intimate image, intentional infliction of emotional distress, and unjust enrichment. The complaint requests a jury trial, compensatory and punitive damages, and the disgorgement of any profits from “The Trial of Hunter Biden.”
“This entirely politically motivated lawsuit is devoid of merit,” a Fox News spokesperson said in response to the suit. “The core complaint stems from a 2022 streaming program that Mr. Biden did not complain about until sending a letter in late April 2024. The program was removed within days of the letter, in an abundance of caution, but Hunter Biden is a public figure who has been the subject of multiple investigations and is now a convicted felon.”
“Consistent with the First Amendment, FOX News has accurately covered the newsworthy events of Mr. Biden’s own making, and we look forward to vindicating our rights in court,” the Fox spokesperson said.
Attorneys for Biden framed their suit as an “analogous situation” to the recent suit filed by Dominion Voting Systems, which ultimately concluded with a $787.5 million settlement agreement.
“Like in the Dominion case, Fox knew its conduct was unlawful but it did it anyway,” according to the complaint.
Hunter Biden’s legal team first threatened to sue Fox in April over the miniseries. Fox removed “The Trial of Hunter Biden” from its platform days later, “however, promotional reels and clips of the mocu-series have not been removed by Fox,” Biden’s lawsuit claims.
To file the suit, Hunter Biden enlisted the law firm Geragos & Geragos, whose principal, Mark Geragos, has represented A-listers like Michael Jackson, singer Chris Brown, and actress Winona Ryder.
Geragos also has experience representing family members of presidents: He negotiated a plea deal in 2001 for Roger Clinton Jr., the brother of former President Bill Clinton, for driving under the influence.
Hunter Biden was found guilty last month on three counts related to his 2018 purchase of a firearm while allegedly addicted to drugs. He faces a separate trial on tax charges in September.
(WASHINGTON) — Mass shootings are becoming more frequent during a holiday typically known for fireworks and barbecues, according to a nonprofit that tracks shootings.
There were 80 total mass shootings over the past three years between July 1-7, said Mark Bryant, the executive director of the Gun Violence Archive (GVA), a nonprofit which tracks shootings in the United States.
The GVA defines a “mass shooting” as a shooting that kills or injures four or more people not including the shooter.
There were 25 mass shootings over the July 4th week in 2021, 27 during that week in 2022 and 28 in 2023.
In Hayward, California, on July 4, 2023, a fight escalated between two groups of people in a crowded area where 4th of July celebrations take place — shots rang out and the shooting left six victims injured, according to police. All were eventually released from the hospital, according to local police.
A day later in the nation’s capital, a drive-by shooting in the city’s Northeast quadrant left nine people injured, including two children, according to the Metropolitan Police Department.
“What happens around the fourth is you have more gatherings, you have more heat, you have more agitate, and this is the big one, and I think this is what’s going to keep causing the numbers to go up, you have anger and proximity to weapons,” Bryant told ABC News.
Steve Casstevens, who retired as chief of police in Buffalo Grove, Illinois, and served as a past president for the International Association of Chiefs of Police (IACP) told ABC News the increase in shootings during the Fourth of July “happens every year.”
“On one side of it when you look at whether it’s family gatherings, so that’s one thing, you’re mixing that heat of July 4 weekend typically, and alcohol and sometimes a gathering of people who dislike each other. And then guns come out,” he said. “The other style is the mass gatherings of parades and parties so you’ve got situations like the Highland Park shooting couple of years ago, you’ve got a mass gathering of people. So many of these mass shootings over the years, the perpetrators are looking for an opportunity for mass gatherings.”
Casstevens urges people to say something to law enforcement if someone looks suspicious.
“During the large public gatherings, whether it’s parades and festivals and stuff like that. It’s just so easy for people to become complacent,” he said. “Just be aware. When you’re walking around and it’s 97 degrees out and some guys walking beside you with a long leather jacket, well, that’s what we call an indicator, that’s abnormal.”
In those mass shooting incidents, like the Highland Park, Illinois, shooting, there are indicators and warning signs that the FBI is trying to be proactive about before something happens, according to the head of the FBI’s Behavioral Analysis Unit.
“We know that these offenders that go on to commit these the mass attacks follow, a lot of times a very specific pathway, a very specific trajectory,” Dr. Karie Gibson, the unit chief of the BAU, told ABC News.
The FBI has a website which launched in May that is aimed at preventing mass shootings and alerting of indicators that someone could be headed down the pathway to violence.
Certain indicators, according to the FBI, are concerning jokes or comments, an interest in previous mass shootings and troublesome interactions with others.
“There has to be involvement before somebody has broken the law or before a crime has been committed. And so with this campaign, it’s really highlighting the importance of the bystanders and how important it is for them to come forward, the significant role that they have,” Gibson said.
The FBI urges people to contact their local field office. Sometimes, an arrest or law enforcement action is not even necessary.
“Many people don’t realize that law enforcement has a proactive prevention arm to deal with individuals that are on that pathway to violence, to deal with mitigating this targeted violence that we face,” Gibson said.
(NEW YORK) — Record-high travel numbers are possible this Fourth of July holiday.
Here’s what to know before you head to the airport or hit the highway:
Air travel
According to Expedia, Saturday, June 29, will be the busiest day in the airports before the Fourth of July.
Wednesday, July 3, is the busiest day to leave for vacation and Sunday, July 7, and Monday, July 8, are the busiest days to fly home, according to Hopper.
United Airlines said it expects to fly a record 5 million passengers from Friday, June 28, to Monday, July 8. United predicts June 29 and July 7 will be its busiest days.
American Airlines anticipates its busiest Fourth of July ever, with more than 7.2 million customers across 70,000 flights — up 8% from last year.
Delta Air Lines said it’s forecasting 5.8 million customers between June 28 and July 7 — up 6% from last year.
AAA said domestic airfare is 2% cheaper this year compared to last year, with the average price of a domestic round-trip ticket at $800.
If you’re looking to book a last-minute getaway, Hopper recommends leaving on Thursday, July 4, and returning on Tuesday, July 9.
The most-searched U.S. destinations are New York City, Seattle, Los Angeles, Miami and Orlando, Florida, according to Hopper.
The busiest U.S. airports are expected to be Hartsfield-Jackson Atlanta International Airport, Dallas Fort Worth International Airport, Denver International Airport and Chicago O’Hare International Airport, according to Hopper.
Road travel
A record 60.6 million people are expected to hit the road for the Fourth of July — up 2.8 million travelers compared to last year, according to AAA.
The worst traffic is expected on July 3 and July 7, according to transportation analytics company INRIX. But if you still need to drive on those days, the best time on July 3 is before noon and the best time on July 7 is before 11 a.m.
Monday, July 1, is the best day to be on the roads, according to INRIX.
The highest demand for rental cars is in Dallas, Denver, Salt Lake City, Los Angeles and San Francisco, AAA said, citing its rental partner, Hertz. The busiest days to get a rental car will be June 28, June 29 and July 3.
(UTICA, N.Y.) — New York State Attorney General Letitia James said her office is launching an investigation into the fatal police shooting of a 13-year-old boy who allegedly pointed a replica handgun at officers during an encounter in Utica.
James’s announcement came a day after hundreds of people attended a community vigil for 13-year-old Nyah Mway, who was killed Friday night.
Citing New York state executive law, James said the Office of Special Investigation, which is part of her office, assesses every incident reported to it where a police officer “may have caused the death of a person by an act or omission.”
The shooting unfolded around 10:18 p.m. Friday when the Utica officers, who were part of the police’s Crime Prevention Unit, conducted a stop of two people as part of an undisclosed police investigation, the Utica Police Department said.
During the stop, the 13-year-old, who was identified as Nyah Mway, allegedly fled from officers who chased him, according to the police. Nyah allegedly pointed what appeared to be a handgun at the officers, which prompted one of the officers to fire one shot at the teen, according to investigators.
The Utica Department of Public Safety identified the three officers in a statement as Patrick Husnay, a 6-year veteran of the Utica Police Department, who fired his duty weapon striking the juvenile. Officers Bryce Patterson, a 4-year veteran of the police department, and Andrew Citriniti, who has been on the police force, 2 1/2 -and-a-half years, were also identified as being involved incident. Citriniti previously served with the Oneida County Sheriff’s Office.”
The mortally wounded boy was taken to Wynn Hospital where he was pronounced dead, police said. Investigators uncovered “a replica GLOCK 17 Gen 5 handgun with a detachable magazine” following the shooting, investigators said.
Utica Police Chief Mark Williams told reporters on Saturday the replica firearm appeared to be a pellet gun. James said in her statement Sunday that offiers recovered a “BB gun” at the scene.
“Our thoughts are with the family of the deceased juvenile, as well as our officers involved in this incident,” the Utica Police Department said in a statement.
Authorities released footage of the incident from Officer Patterson’s body camera.
“As will be illustrated in the body worn camera (BWC) footage … when the officers asked and went to pat frisk Nyah Mway, he immediately fled on foot. While fleeing he produced a replica GLOCK pellet gun from the front of his body, and during the 51 and 53 second mark on PO Patterson’s BWC, points the weapon directly at PO Patterson and the other officers,” police said in their statement detailing the incident.
“As in any Officer Involved Shooting investigation it is within the purview of the NYS Attorney General’s Office of Special Investigations to determine whether the shooting violated any state laws; however, we felt it prudent to ensure the entirety of the evidence we have available at this time is shared publicly – keeping with our commitment to transparency,” police continued in their statement.
The news conference held by Williams and Utica Mayor Michael P. Galime was disrupted multiple times by members of the public shouting at them.
Lay Htoo, Nyah’s uncle, told ABC News he saw the video and that he and his family were depressed and saddened.
“They make me feel very, very sad. You know, seeing one [of] my nephews [killed],” Htoo told ABC News of the images.
Htoo said his family was originally from Myanmar and his nephew moved to Utica eight years ago. Nyah had recently graduated from middle school, according to Htoo.
“My nephew is a very good kid. He’s never done this before,” Htoo said.
Hundreds of people filled the 900 block of Shaw Street for a community vigil for Mway on Saturday night, just about 24 hours after he was shot and killed. Several people spoke at the vigil, including members of the Mway’s family and other prominent members of the community.
Williams said the three officers involved in the incident were placed on paid administrative leave as the New York Attorney General’s Office conducts its investigation into the incident.
In addition to the AG’s probe, the Utica Police Department will be conducting its own investigation into the shooting.
“Additionally, we will work closely and openly with the City of Utica Public Safety Advisory Committee. We value their mission and want to ensure through multiple facets the community is fully informed of the facts of this incident,” the police said in a statement.
Williams said police would be releasing more information and details to the public in the coming days including the body camera footage from the incident.
(NEW YORK) — The Fourth of July holiday is stacking up to be a scorcher for most of the nation.
Numerous record temperatures are expected to be broken as highs in California are forecast to stay in the triple digits through Independence Day and beyond, and hot, humid weather down South will make some places like New Orleans feel close to 120 degrees.
California, particularly cities in the San Joaquin Valley, is expected to see temperatures soar past the 110 mark for multiple days this week.
In Palm Springs, thermometers could reach 115 degrees, and similar temperatures are expected for neighboring states Arizona and Nevada.
Both Las Vegas and Phoenix are forecast to hit 115 around the holiday.
Factoring in the heat index, the nation’s southern states are forecast to endure hot, sticky weather through this week. The heat index, also known as the apparent temperature, is what the temperature feels like to the human body when relative humidity is combined with the air temperature, according to the National Weather Service.
On Sunday, an excessive heat warning was issued for the Lower Mississippi River Valley, where the heat index could reach up to 118 degrees. New Orleans is facing a heat index of up to 118 both on Sunday and Monday.
Heat advisories are in effect for much of the East Coast, as well. In the Carolinas, the heat index will make it feel like 110 on Sunday, while Virginia will feel like 108, and in Philadelphia and central New Jersey, the heat index will be around 103 on Sunday.
Meanwhile, hot weather up and down the East Coast is expected to give way to severe weather Sunday.
More than 60 million people along the Eastern Seaboard from North Carolina to Maine are expected to be in the storm zone Sunday afternoon.
The East Coast storms are forecast to form under hot and humid conditions. The strongest storms are expected to arrive between 2 p.m. and 11 p.m. ET on Sunday.
(NEW YORK) — Last June, the Supreme Court struck down the use of affirmative action in college admissions.
The court held, in a 6-3 decision, that Harvard and the University of North Carolina’s admissions programs, which had accounted for race at various stages in the process, violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.
Now, students applying to post-secondary schools following the court’s decision are navigating a new landscape.
David Jiang’s high school graduating class is the first to apply to college since the Supreme Court decision. Jiang, 18, whose parents immigrated from China more than 20 years ago, said Harvard University had been his dream school.
“I was always aiming for the castle on the hill,” Jiang said. “I was always trying to go for Harvard.”
However, Harvard was part of last year’s historic Supreme Court decision that brought a policy change in college admissions, leaving uncertainty about the future of campus diversity.
Admissions officers can no longer consider race as part of a student’s application, but students still have the option to share that information in their essays.
Jiang, who applied early to Harvard last year, said he decided to lean into his Chinese American heritage in his application.
“It’s just a huge part of my identity,” Jiang told “Nightline.” “If a school does not want to admit me because I’m Asian American, then there’s not much I can do about that, because it’s the part of me that I just can’t get rid of.”
Jiang attended Stuyvesant High School in New York City, one of the top public schools in the country. He says he scored 1560 on the SAT, played the baritone saxophone in the NYC All-City Latin Jazz Ensemble and was a team captain of the New York City Math Team.
Among the over dozen schools Jiang applied to, many rejected or waitlisted him, including Harvard.
“I feel like by not getting into Harvard, I was sort of disappointing [my parents],” Jiang said. “But more importantly, I was disappointing myself.”
Adam Mortara, the lead counsel who helped strike down affirmative action on behalf of Students for Fair Admissions, claimed Harvard had previously unfairly held Asian American applicants to a higher standard.
“[Admissions penalty] was predominantly centered in the so-called ‘personal rating,’” said Mortara. “Where Asian applicants were given lower personal ratings than white applicants, African American applicants or Hispanic applicants.”
According to Harvard’s student newspaper, The Crimson, the so-called “personal rating” could “include traits like humor, kindness, sensitivity and leadership.”
“I think the stereotype is that Asian people are reserved, stick to themselves and just do math problems in their free time,” Jiang said.
While Jiang does not believe race played a role in his rejection from Harvard, he thinks that implicit bias is nearly impossible to erase.
“I think that there’s still this preconceived notion that Asians are so-and-so, and I feel like I did have to prove that I’m not the stereotypical Asian,” Jiang said.
Harvard has denied any bias or discrimination against Asian American applicants in their admissions process. In a statement to ABC News, Harvard claims in part they have “taken several steps to arrive in compliance with the ruling from the Supreme Court. These changes have been made across our recruitment, application and admissions practices.”
However, many students of color are still concerned about campus diversity in a post-affirmative action landscape.
“There is this real threat of the proportion of Black students at Harvard decreasing over the years,” said Clyve Lawrence, a rising senior at Harvard. “I feel concerned about a chilling effect that Black students who otherwise would have applied now are worried that they’ll be facing disadvantages because of this decision.”
Some students worry that without affirmative action, the odds would be stacked against them.
“There are already so many obstacles that disproportionately affect students of color,” said Joely Castillo, a Brown University transfer student.
Castillo said she had a difficult upbringing. After her father was arrested and imprisoned, her mother raised three girls on her own. After high school, she immediately started working multiple jobs to help support her family.
Almost a decade later, Castillo enrolled in a community college and set her sights on a four-year university. She workshopped her approach at the Kaplan Educational Foundation, a nonprofit that works with underprivileged community college students.
“I had to play catchup to the other applicants – students that have had the opportunity to have tutors and family supporting them throughout the college application,” said Castillo. “Whereas I was kind of going in blind.”
Castillo ultimately decided to write about her cultural background in her applications. With a 4.0 GPA, Castillo was accepted by Princeton University, Smith College, Brown University, and other schools.
Castillo ended up choosing Brown University, but says she still worries about diversity on campus.
“If we don’t continue to try and elevate students of color, our campuses are going to look the way that they did many years before, where there were less students of color,” Castillo said.
According to a 2017 New York Times analysis, Asian enrollment largely increased at top colleges over a 35-year period with affirmative action, while Hispanic and Black students mostly remained disproportionately underrepresented.
A survey by the Gallup Center on Black Voices shows nearly 70% of Americans supported the end of affirmative action. Some who fought for its end say the college admissions process won’t truly be fair until schools stop giving preference to children of alumni, called legacies.
“There’s no reason that one child should be afforded an admissions preference to an elite university because their parent went there,” said Mortara. “As opposed to the child of say, a second-generation immigrant family whose parents did not have the opportunity to attend that institution.”
The Department of Education launched a civil rights investigation into Harvard’s use of legacy admissions last year. A number of elite schools have already terminated legacy admissions, including Johns Hopkins University and Amherst College.
States like Virginia and Maryland have also joined Colorado to ban the practice at its public universities. More states, including California, New York and Massachusetts, are considering similar proposals. But some alumni of color and alumni who were the first ones in their families to attend college are opposing the ban.
“I think it’s a really big deal for us as American descendants of the enslaved to be legacy and legacy families,” said Amanda Calhoun, a second-generation Yale graduate, whose father also graduated from Yale.
Calhoun and her father said they feel affirmative action and its outreach programs were transformative.
“My concern would be we would see less outreach,” said Calhoun. “We’ll see less Black students, less minoritized students that are feeling empowered to apply to a place like Yale and other elite institutions.”
Yale is currently reviewing its preference for legacy applicants. But for now, the policy remains in place.
Harvard told ABC News that 23.4% of the Class of 2028 has no financial contribution from their parents, and just over half will receive need-based aid, with an average parent contribution of $15,500.
Additionally, Harvard says 20.5% of its incoming class will be students who are the first generation in their family to graduate from a four-year college or equivalent.
“I know that sometimes college is random, and the admissions decision does not always pan out the way you like it,” said Jiang, who is now a member of the Class of 2028 at Duke University. “I was glad I finally got into a school that I would love to go to.”
ABC News’ Rosa Kim and Jaclyn Skurie contributed to this report.
(NEW YORK) — Four people were killed and nine others injured after a vehicle crashed into a storefront in New York on Friday, authorities said.
The “mass casualty” incident occurred in Deer Park on Long Island Friday afternoon, Deer Park Fire Department Chief Dominic Albanese said during a press conference.
A minivan traveled nearly all the way through to the back of a nail salon, he said.
Four people were found dead upon arrival, all located inside a nail salon, Albanese said. It is unclear whether the victims were employees or customers, he said.
Nine people, were transported to area hospitals, including one by aviation, Albanese said. The driver was “partially conscious” following the crash and was apart of the nine transported to a hospital, he said.
The cause of the crash remains unknown. Authorities are investigating while the incident was intentional, Albanese said.
This is a developing story. Please check back for updates.
(SANTA FE, N.M.) — A New Mexico judge denied Alec Baldwin’s bid to drop his involuntary manslaughter charge over firearm evidence stemming from the 2021 fatal shooting on the set of “Rust” before his trial starts next month.
In their request to dismiss the indictment, Baldwin’s attorneys claimed the state “intentionally” destroyed key evidence — the firearm involved in the shooting — denying them the chance to review potentially exculpatory evidence.
Judge Mary Marlowe Sommer denied the request in an order issued on Friday, following arguments during a virtual hearing on Monday.
Baldwin’s trial is scheduled to begin with jury selection on July 9.
The actor was practicing a cross-draw in a church on the set of the Western film when the Colt .45 revolver fired a live round, fatally striking 42-year-old cinematographer Halyna Hutchins.
Baldwin, 66, who was also a producer on the film, was indicted by a grand jury on involuntary manslaughter in connection with Hutchins’ death earlier this year, after prosecutors previously dropped the charge. He pleaded not guilty.
Baldwin’s attorneys argued that the firearm is “central” to the state’s theory of guilt, but that they were denied the opportunity to examine it themselves and that FBI forensic testing that damaged the gun was unnecessary.
“They understood that this was potentially exculpatory evidence and they destroyed it anyway,” Baldwin’s attorney, John Bash, said during Monday’s hearing.
Baldwin has maintained that he did not pull the trigger of the firearm, though the FBI forensic report determined that the gun could not have been fired without pulling the trigger.
Bash argued that there’s reason to believe that further testing would show the firearm was capable of discharging without the pull of the trigger.
“The prosecution denied the criminal defendant the opportunity to see it, to test it,” Bash said. “It’s outrageous, and it requires dismissal.”
Prosecutors argued that there was no perceived exculpatory value of the firearm apparent to law enforcement following the shooting.
“The fact that this gun was unfortunately damaged during the accidental discharge testing does not deprive the defendant of the evidence that they can use effectively in cross-examining,” Erlinda Ocampo Johnson said during Monday’s hearing.
Johnson also argued there is “ample evidence” of the defendant’s guilt in this case in regards to his “reckless conduct.”
Marlowe Sommer’s ruling comes after she denied last week another defense request to dismiss the indictment. In that motion, Baldwin’s attorneys argued that the state failed to allege a criminal offense because Baldwin had no reason to believe the gun might contain live rounds and that the manipulation of the weapon could pose a “substantial risk” to Hutchins.
In her official order denying that motion, released on Friday, Marlow Sommer wrote that whether Baldwin had a criminally negligent state of mind “is a question of fact for the jury to decide.”
The judge also denied last month another request by the defense to dismiss the indictment in which Baldwin’s attorneys argued that the prosecution engaged in “bad faith” by failing to provide the grand jury with sufficient information.
Marlowe Sommer additionally denied last week a request from the state to use immunity to compel testimony from the film’s armorer, Hannah Gutierrez, during Baldwin’s trial.
Gutierrez, 27, was found guilty of involuntary manslaughter in connection with the shooting and sentenced in April to 18 months in prison, the maximum possible, in the shooting. She appealed her conviction in May.
Prosecutors sought immunity so that her testimony could not be used against her in her appeal. At a pretrial interview in May, Gutierrez asserted her Fifth Amendment privilege against self-incrimination, prosecutors said.
In issuing her ruling, Marlowe Sommer noted that the armorer has indicated she won’t testify and that she hasn’t heard “anything that [Gutierrez] might testify to that someone else could not testify to.”
Gutierrez could still be called to testify but would speak without immunity.
Marlowe Sommer last week also allowed for the testimony at Baldwin’s trial of a “Rust” crew member who prosecutors said witnessed the on-set shooting and said he saw Baldwin pull the trigger.
Following Monday’s hearing, Baldwin’s attorneys filed another motion seeking to dismiss the indictment, alleging that the state violated its discovery obligations by delaying the disclosure of “critical evidence that is favorable to Baldwin’s defense and that fundamentally reshapes the way Baldwin would have prepared for trial.”
In a response to the motion filed Thursday, the state pushed back against the defense’s claims, saying it has “worked tirelessly to ensure that the defendant has every possible page of discovery, no matter how minuscule or immaterial,” and asked the court to deny the motion.
