Legal battle over “Rust” armorer’s conviction intensifies

Judge to decide on potential overturn of conviction

A pivotal decision looms as a judge prepares to rule next week on whether to overturn the conviction of Hannah Gutierrez Reed, the armorer for the film “Rust.” Gutierrez Reed is currently serving an 18-month sentence following the tragic accidental death of cinematographer Halyna Hutchins.

Defense argues for dismissal due to withheld evidence

During a virtual hearing on Thursday, Gutierrez Reed’s attorney, Jason Bowles, passionately argued for the dismissal of the case. He claimed that crucial evidence was withheld before her trial in February, which compromised the fairness of the proceedings.

Bowles highlighted a previous decision where a similar charge against actor Alec Baldwin was dismissed. He described it as “one of the biggest debacles of ethical misconduct, probably in the history of New Mexico,” suggesting that Gutierrez Reed faced similar misconduct and deserved the same outcome.

“I will consider these arguments as well as the pleadings,” stated Judge Mary Marlowe Sommer. “I plan to issue the order early next week.”

Conviction details and Baldwin’s case

Gutierrez Reed was convicted on March 6 of involuntary manslaughter. The jury found her guilty of criminal negligence for loading a live bullet into Baldwin’s gun, which led to Hutchins’ death.

In contrast, Baldwin’s case was dismissed with prejudice during his trial in July. The judge ruled that prosecutor Kari Morrissey had withheld a cache of bullets from Baldwin’s defense, which was a significant factor in the dismissal.

Allegations of discovery abuse

Bowles argued that the state similarly failed to turn over evidence before Gutierrez Reed’s trial. This included a forensic report identifying “unexplained toolmarks” on Baldwin’s gun, which could have been pivotal in the defense’s case.

“We could have used that at trial,” Bowles emphasized. “It’s inexplicable that we didn’t have this report.”

Additionally, Bowles pointed out that an interview with Seth Kenney, the weapons supplier and a key witness, was also withheld. This evidence, he argued, could have been used to impeach Kenney’s testimony.

“This pattern of discovery abuse occurred in Ms. Gutierrez Reed’s case in the same manner as it did in Mr. Baldwin’s case,” Bowles stated. “This case is so egregious… lying, cheating, and hiding evidence.”

Prosecution’s response

In her response, Morrissey conceded that Kenney’s interview was indeed suppressed and should have been disclosed. “He’s absolutely right,” Morrissey admitted. “It was absolutely a failure. There’s no question about it.”

However, Morrissey argued that the interview was duplicative of other statements Kenney had given, which the defense had access to. She also contended that other statements were either unhelpful or irrelevant to Gutierrez Reed’s defense.

Regarding the forensic report, Morrissey maintained that it would have been of no use to Bowles, as his theory was that the gun was functioning properly. She insisted that the failure to turn over the report was inadvertent. “Nothing was intentionally buried,” she said.

Defense seeks new trial or dismissal

Bowles is requesting either a new trial or an outright dismissal of the case. He also asked that Morrissey be barred from prosecuting the case if it is retried.

Morrissey countered that Bowles had not made a proper motion to exclude her from a retrial, and therefore, that request should be denied.

Bowles also urged the judge to release his client from prison pending her appeal. Gutierrez Reed has already served six months of her 18-month sentence.

Potential revival of Baldwin’s prosecution

Morrissey is also seeking to revive the prosecution against Baldwin. She argued that Baldwin’s lawyers had successfully confused the judge about the relevance of the withheld bullets. Judge Marlowe Sommer has yet to rule on this motion. If denied, Morrissey suggested that the state might appeal the dismissal to a higher court.

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