Decide declines to dismiss case in opposition to ‘Rust’ armorer Hannah Gutierrez

A New Mexico decide has declined to dismiss the case in opposition to “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter within the deadly taking pictures of cinematographer Halyna Hutchins, after beforehand dismissing the case in opposition to Alec Baldwin for proof suppression.

Her attorneys argued in court docket filings that she was entitled to a brand new trial or dismissal of the case for “egregious prosecutorial misconduct” and “extreme and ongoing discovery violations by the State.”

Decide Mary Marlowe Sommer denied the movement Monday following arguments throughout a digital listening to Thursday. She additionally denied a separate movement from the protection looking for fast launch from detention.

In her ruling, Marlowe Sommer acknowledged the problems raised by the protection didn’t justify a brand new trial or dismissal, and that in Gutierrez’s case the state didn’t suppress the ammunition proof that was on the coronary heart of Baldwin’s dismissal.

Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed stay 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 mentioned 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 unnecessary delay into the proceedings,” approached “unhealthy religion” and was “extremely prejudicial to the defendant.”

Throughout Thursday’s listening to, protection legal professional Jason Bowles mentioned the “significance of the objects that have been suppressed have been favorable and materials” to Gutierrez.

Bowles informed the decide that he turned conscious of the ammunition — which had been introduced ahead by his witness, Troy Teske, throughout Gutierrez’s trial — however directed Teske to convey it to the sheriff’s workplace as a result of he “did not need to be within the chain of custody.”

“We weren’t informed what occurred” after that, Bowles mentioned. “We weren’t in a position to make the most of these rounds.”

He additionally argued the state suppressed further proof, together with considered one of firearm professional Luke Haag’s experiences 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 mentioned, saying they’re “asking for dismissal on the identical foundation that this court docket dismissed Mr. Baldwin’s case.”

Particular prosecutor Kari Morrissey argued 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 mentioned. “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 the opposite proof raised by Bowles was not materials and mentioned the state didn’t deliberately withhold proof.

“Nothing was deliberately buried,” she mentioned, including that the case had a “terabyte of discovery” with new discovery “coming in continually.”

In her order, Marlowe Sommer discovered that the state did suppress the Kenney interview and the Haag report, however that the protection failed to determine that both piece of proof is materials.

Relating to the Teske-supplied ammunition, the decide discovered that the state didn’t suppress or fail to supply her with proof that might be favorable to her case as a result of the stay rounds have been accessible to her and her protection upfront of and through her trial.

Marlowe Sommer additionally discovered that the state couldn’t have suppressed different proof associated to the ammunition, together with the sheriff’s workplace’s supplemental report and lapel footage of Teske on the sheriff’s workplace, earlier than or throughout the trial as a result of these objects weren’t created till on or after the ultimate day of Gutierrez’s trial.

Teske, a retired officer who lives in Arizona and is a buddy of Gutierrez’s father, famed Hollywood armorer Thell Reed, introduced the stay ammunition to the Santa Fe County Sheriff’s Workplace on the finish of Gutierrez’s trial. He mentioned the ammunition, which was owned by Reed and from a special set, was suspected of being related to the “Rust” set and that Gutierrez’s protection didn’t need the ammunition, in line with lapel footage of his sheriff’s workplace interview performed throughout Baldwin’s trial.

Morrissey mentioned throughout Baldwin’s trial that the ammunition didn’t have any evidentiary worth in both Gutierrez’s or Baldwin’s case. Baldwin protection legal professional Luke Nikas charged that the ammunition proof was in the end “hid” by being positioned below a special case quantity and mentioned it was “vital” proof that was required to be disclosed.

A jury discovered Gutierrez responsible of involuntary manslaughter within the dying of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a stay spherical.

Prosecutors argued throughout the March trial that the armorer was the supply of the stay 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.