In a court filing yesterday (Tuesday 16 July), defense counsel for armorer Hannah Gutierrez-Reed argued her case should be reconsidered because prosecutors failed to share evidence that might have been exculpatory.
Judge Mary Marlowe Sommer last week brought Baldwin's trial to a sudden end based on misconduct of police and prosecutors over the withholding of evidence from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film Rust.
Baldwin, the lead actor and co-producer for Rust, was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza.
“This court stated on July 12 that the integrity of the judicial system demanded that the court dismiss Mr. Baldwin’s case with prejudice," said defense attorney Jason Bowles in the new court filing. "How can it be any different with Ms. Gutierrez-Reed’s case, with this proven litany of serious discovery abuses?”
Kari Morrissey — lead prosecutor in both the Baldwin and Gutierrez-Reed cases — said her written response would be filed in court next week, declining further comment.
The case-ending evidence at Baldwin's trial 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 ammo unrelated and unimportant, while Baldwin’s lawyers alleged they “buried” it and filed a motion to dismiss the case.
Gutierrez-Reed was convicted by a jury in a trial overseen by Judge Marlowe Sommer, who later assigned the maximum 18-month penalty. Gutierrez-Reed already has an appeal pending in a higher court on the involuntary manslaughter conviction.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of Rust, where it was expressly prohibited, and for failing to follow basic gun safety protocols.
She was acquitted at trial of allegations she tampered with evidence in the Rust investigation. She also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited.
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