A Santa Fe judge on Tuesday denied a defense motion to throw out the “Rust” prosecution, keeping the case on track for a key hearing that begins next week.
Her lawyer, Jason Bowles, filed a motion to dismiss the case, citing a series of irregularities and missteps by the prosecution. Prosecutors have already dropped charges against Baldwin, after learning that the gun may not have been functioning properly at the time of the shooting.The defense had argued that the charges were faulty because they had originally been filed by Santa Fe D.A. Mary Carmack-Altwies.
Gutierrez Reed was initially charged only with involuntary manslaughter. Morrissey and Lewis added the tampering charge in June, saying they had a new witness who would testify that Gutierrez Reed had handed off a bag of cocaine after the shooting. Morrissey indicated on Tuesday that the witness no longer needs a protective order, and withdrew the motion seeking one.
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