Baldwin Prosecutor Appeals to Reinstate Indictment

The case-ending evidence was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammunition unrelated and unimportant, while Baldwin’s lawyers alleged that they “buried” it and filed a successful motion to dismiss the case.

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In her decision to dismiss the Baldwin case, Marlowe Sommer described “egregious discovery violations constituting misconduct” by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.

In the request to reconsider, Morrissey argued again that the undisclosed ammunition was not relevant to the case against Baldwin, which hinged on his responsibility to handle a gun safely under familiar industry guidelines.

Ed Morrissey

I'd guess that the appellate court won't do much with this. If the trial judge determined that the evidence was both material to a potential defense and not provided by prosecutors, that's a finding of fact more than an application of law, and appellate courts don't usually like to take up fact finding. But we'll see. 

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