A New Mexico decide will weigh whether or not to dismiss the case towards “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter within the deadly taking pictures of cinematographer Halyna Hutchins, after dismissing the case towards Alec Baldwin for proof suppression.
Choose Mary Marlowe Sommer heard arguments throughout a digital listening to Thursday on a protection movement in search of a brand new trial or dismissal of Gutierrez’s case.
Her attorneys argued within the submitting that she is entitled to a brand new trial or dismissal of the case for “egregious prosecutorial misconduct” and “extreme and ongoing discovery violations by the State.”
Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed dwell ammunition that got here into the palms of native legislation enforcement associated to the investigation into the lethal on-set taking pictures was “hid” from them.
The decide stated in court docket on July 12 whereas issuing her ruling that the state’s discovery violation concerning the late disclosure of a supplemental report on the ammunition proof “injected useless delay into the proceedings,” approached “dangerous religion” and was “extremely prejudicial to the defendant.”
Hannah Gutierrez-Reed, former armorer for the film “Rust,” listens to closing arguments in her trial at district court docket, March 6, 2024, in Santa Fe, N.M.
Pool by way of Getty Photographs
Throughout Thursday’s listening to, protection lawyer Jason Bowles stated the “significance of the objects that have been suppressed have been favorable and materials” to Gutierrez.
Bowles instructed the decide that he grew to become conscious of the ammunition on the coronary heart of Baldwin’s dismissal — which had been introduced ahead by his witness, Troy Teske, throughout Gutierrez’s trial — however directed Teske to carry it to the sheriff’s workplace as a result of he “did not need to be within the chain of custody.”
“We weren’t instructed what occurred” after that, Bowles stated. “We weren’t capable of make the most of these rounds.”
He additionally argued that the state suppressed further proof, together with one among firearm knowledgeable Luke Haag’s stories on the revolver concerned within the taking pictures, and an interview with Seth Kenney, the proprietor of the prop firearms provider for “Rust.”
“This sample of discovery abuse occurred in Miss [Gutierrez’s] case in the identical method that it occurred in Mr. Baldwin’s case,” Bowles stated, saying they’re “asking for dismissal on the identical foundation that this court docket dismissed Mr. Baldwin’s case.”
Morrissey argued that Gutierrez and Bowles cannot depend on the dismissal of Baldwin’s case over the rounds as a result of they have been within the possession of his witness, Teske.
“She and her lawyer had them throughout trial and selected to not use them,” she stated. “That’s precisely what occurred,”
“They do not get to now come and say we made a strategic error, so give us a brand new trial,” she continued.
Morrissey argued that the opposite proof raised by Bowles was not materials and stated the state didn’t deliberately withhold proof.
“Nothing was deliberately buried,” she stated, including that the case had a “terabyte of discovery” with new discovery “coming in continually.”
She admitted to failing to supply the protection with one among Haag’s report, saying she forwarded it to him when she realized it after Gutierrez’s trial.
“Once I realized throughout the Baldwin preparation for trial that that didn’t happen, I instantly, I took full duty for it,” she stated. “We did the most effective we might do resolve it at that time.”
Morrissey argued that Haag’s findings on the revolver nonetheless wouldn’t assist the protection if there have been a brand new trial. She additionally argued that the protection might have discovered the proof earlier than Gutierrez’s trial themselves by “due diligence.”
Bowles moreover alleged in his movement that Morrissey lied underneath oath throughout a movement listening to throughout Baldwin’s trial and requested that if the decide granted a brand new trial, to take away Kari Morrissey because the particular prosecutor. “I do not do it flippantly,” he instructed the decide Thursday.
Morrissey contended in court docket filings that she did not lie underneath oath. Throughout Thursday’s listening to, she stated she stands by her response whereas including that the protection didn’t embrace the authorized evaluation of their movement to take away her as prosecutor.
“This is not simply one thing that you just randomly ask for,” she stated. “The authorized evaluation must be carried out, and it hasn’t been carried out right here.”
Thursday’s listening to additionally addressed a protection movement asking for Gutierrez’s quick launch from jail.
Choose Marlowe Sommer stated she is going to problem rulings on each motions subsequent week.
A automobile from the Workplace of the Medical Investigator enters the entrance gate resulting in the Bonanza Creek Ranch, Oct. 22, 2021, in Santa Fe, N.M.
Sam Wasson/Getty Photographs
A jury discovered Gutierrez responsible of involuntary manslaughter within the loss of life of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a dwell spherical.
Prosecutors argued throughout the March trial that the armorer was the supply of the dwell bullet that killed Hutchins and had did not comply with security protocols meant to guard the crew whereas dealing with the firearms.
Gutierrez was sentenced in April to 18 months in jail, the utmost for the offense.
The protection had filed an enchantment in Might.
