SANTA FE.- A judge heard arguments about whether to dismiss a conviction criminal against a weapons supervisor for the shooting death of a director of photography by a gun held by actor Alec Baldwin. The judge said she will decide next week whether to file the case or order a new trial.
In a virtual court hearing, an attorney for Hannah Gutierrez-Reed challenged her March conviction for involuntary manslaughter, alleging that prosecutors failed to share evidence, including ammunition, that could have been exculpatory in the shooting death that occurred on the set of the western movie rust, in 2021.
Judge’s argument
Judge Mary Marlowe Sommer reconsiders the gunsmith’s conviction after dismissing an involuntary manslaughter case against Baldwin midway through his trial on similar grounds.
“This pattern of discovery abuse occurred in Ms. Gutierrez-Reed’s case in the same way it did in Mr. Baldwin’s case,” said Jason Bowles, Gutierrez-Reed’s lead defense attorney.
Baldwin, the lead actor and co-producer of rustwas pointing a gun at cinematographer Halyna Hutchins during a rehearsal at a ranch used as a film set outside Santa Fe in October 2021 when the gun went off, killing Hutchins and wounding director Joel Souza. Baldwin testified that he retracted the hammer, but did not pull the trigger, and the revolver discharged.
Marlowe Sommer dismissed the case against Baldwin, arguing that police and prosecutors withheld evidence. The evidence that ended the case was ammunition brought to the sheriff’s office in March by a man who said it could be connected to Hutchins’ murder.
Prosecutors have said they considered the ammunition unrelated and unimportant, while Baldwin’s attorneys argued they buried it and filed a successful motion to dismiss the case. In his decision to dismiss Baldwin’s case, Marlowe Sommer described egregious discovery violations that constitute misconduct by law enforcement and prosecutors, as well as false testimony about physical evidence by a witness during the trial.
Prosecutor’s position
Special prosecutor Kari Morrissey said at Thursday’s hearing that Gutierrez-Reed’s defense attorney knew about the ammunition in question before the gunsmith’s trial, but refused to enter it into the court record or have it tested to see if it matched ammunition. real on set Rust.
“The evidence was not deliberately withheld from Mr Bowles but was provided to him by his own witness. “I could have had him tested at any time,” Morrissey said. “I would respectfully ask the court to deny Mr. Bowles his motion to dismiss the case.”
Bowles said he did not collect the ammunition himself because of concerns that it would disrupt the chain of custody and possibly disqualify the evidence from consideration at trial. He also asked the judge to remove Morrissey from the case in the event of a new trial and is seeking Gutierrez-Reed’s immediate release from jail.
Armorer’s Judgment
Gutierrez-Reed began serving an 18-month sentence in March and appealed the jury’s guilty verdict to a state appeals court. Prosecutors blamed Gutierrez-Reed for unintentionally bringing live ammunition onto the set and failing to follow basic gun safety protocols.
She was acquitted at trial of accusations that she tampered with evidence in the investigation of rust. Gutierrez-Reed also pleaded not guilty to a separate felony charge for allegedly bringing a gun to a bar in Santa Fe, New Mexico, where firearms are prohibited. A proposed plea deal is awaiting judicial review.
Gutierrez-Reed’s attorneys have also said prosecutors did not adequately disclose portions of pretrial interviews with the ammunition supplier. rustSeth Kenney, as well as reports from firearms expert Lucien Haag, which could have changed the outcome of the weapons supervisor’s trial.
Morrissey disputed claims that the evidence would have changed the outcome of the trial. He said the interview with Kenney took place before his appointment to the case and that he was surprised to learn of the recording.
“My team wasn’t aware of it,” Morrissey said. “It was an absolute failure. There is no doubt about it. “I immediately provided it to Mr. Bowles.”
