Legal battle over ‘Rust’ shooting: Gutierrez-Reed seeks new trial or case dismissal

A twist in the ‘Rust’ shooting case

In a dramatic turn of events, Hannah Gutierrez-Reed, the former armorer on the set of the movie Rust, is pushing for a new trial or the complete dismissal of her case. Convicted of involuntary manslaughter, Gutierrez-Reed’s legal team argues that significant prosecutorial misconduct warrants a fresh look at her situation.

The unexpected ammunition discovery

The case took a surprising turn when a collection of live ammunition, handed over by a retired law enforcement officer to the Santa Fe Sheriff’s Office, was found to match bullets from the ‘Rust’ set. This discovery led to the abrupt dismissal of Alec Baldwin’s involuntary manslaughter trial in July. The rounds, however, were not properly inventoried, effectively concealing them from Baldwin’s defense team.

Gutierrez-Reed’s legal argument

Gutierrez-Reed, currently serving an 18-month sentence for the accidental shooting death of cinematographer Halyna Hutchins, is now seeking a new trial. Her lawyer, Jason Bowles, described the situation as “one of the biggest debacles of ethical misconduct in the history of New Mexico.” Bowles contends that the prosecution’s failure to disclose the ammunition evidence deprived Gutierrez-Reed of a fair trial.

Judge’s impending decision

Santa Fe Judge Mary Marlowe Sommer is expected to rule next week on whether Gutierrez-Reed should be released from prison while awaiting a new trial or if the charges against her should be dismissed entirely. The judge’s decision will hinge on the extent of prosecutorial misconduct and its impact on the fairness of the original trial.

Prosecution’s alleged misconduct

The dismissal of Baldwin’s case highlighted significant issues with the prosecution’s handling of evidence. The court found that lead special prosecutor Kari Morrissey had “intentionally and deliberately withheld” crucial evidence from the defense. Morrissey’s inconsistent testimony regarding the ammunition provided by retired Arizona police officer Troy Teske further complicated the case. The rounds Teske handed over had Starline brass casings with silver primers, matching the live bullet that killed Hutchins.

Defense’s theory and prosecution’s response

During the recent hearing, Bowles argued that had he known about the rounds, he would have presented the theory that Seth Kenney, owner of a props and arms supplier, might have introduced the live rounds onto the set. This theory, he claimed, was a “real possibility” that the jury should have considered. However, the prosecution allegedly suppressed this evidence, preventing any alternative defense theories from being explored.

The source of the live ammunition

The investigation into the shooting has long focused on the origin of the live ammunition. The prosecution has maintained that the rounds likely came from Gutierrez-Reed. However, the discovery of new rounds during Baldwin’s trial suggested that Kenney could have been responsible. Kenney had previously been involved in a “cowboy training camp” on the Paramount+ Western 1883, where live ammunition was used for shooting practice. Some of this ammunition was stored at Teske’s home, who later provided it to Kenney.

Morrissey’s defense

Morrissey claimed that she first learned about the similarity between the Teske-supplied ammunition and the rounds found on the ‘Rust’ set during Baldwin’s trial. She questioned the integrity of the evidence provided by Teske, explaining that a photograph of the rounds he held for Reed showed they did not match those found on the set. Morrissey argued that Bowles had also concluded that the rounds were not a match and chose not to test them.

Bowles’ rebuttal

In response, Bowles stated that he did not want to be involved in the “chain of custody” for the evidence and expected the state to test the rounds. He accused the prosecution of hiding the evidence under a separate case number, which he described as a deliberate attempt to suppress crucial information.

Potential disqualification of the lead prosecutor

Bowles also argued that Morrissey should be disqualified as the lead prosecutor if a new trial is granted. He cited the “egregious nature of prosecutorial misconduct” and Morrissey’s false testimony as reasons for her removal, claiming it undermined the entire justice system.

Awaiting the judge’s ruling

Judge Sommer will issue separate rulings on whether Gutierrez-Reed is entitled to a new trial or if the charges against her should be dismissed entirely. Additionally, the judge will decide whether Gutierrez-Reed should be immediately released from custody.

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