Days after New Mexico’s case against American actor, Alec Baldwin, was dropped due to claims of evidence concealment in the “Rust” shooting, Hannah Gutierrez, the former armourer for the movie, has asked a judge to dismiss her case as well.
Late Tuesday, Gutierrez’s lawyer, Jason Bowles, submitted a 23-page motion requesting that either her involuntary manslaughter conviction be overturned or that she receive a new trial.
Bowles argued there were “severe and ongoing discovery violations by the state” that made the proceedings against Gutierrez unfair, similar to those in Baldwin’s case.
The documents stated, “Following the Baldwin trial and the dismissal with prejudice, Ms. Gutierrez-Reed intends to file an expedited motion for new trial or for dismissal for discovery violations and under the court’s inherent power.”
Her legal team contended, “Baldwin’s trial exposes extreme misconduct,” further claiming, “Special Prosecutor Kari Morrissey lies to this court under oath.”
Gutierrez Reed’s lawyers are seeking her release from prison and the removal of Special Prosecutor Kari Morrissey due to the alleged misconduct.
Last Friday, Baldwin’s involuntary manslaughter case was dismissed after the judge ruled that prosecutors had not properly disclosed evidence to the defense.
Legal experts believe the dismissal of Baldwin’s case could lead to Gutierrez Reed’s release from New Mexico state prison, where she is serving an 18-month sentence for the on-set shooting death of cinematographer Halyna Hutchins in 2021.
Jason Bowles, Gutierrez Reed’s attorney, informed CNN that the same prosecutorial failures evident in Baldwin’s case were also present in hers.
“The judge found intentional misconduct and we also have had the same failures in Hannah’s case by the state. We will be moving for dismissal of Hannah’s case,” Bowles said. Gutierrez Reed has already appealed her conviction.
The shooting incident occurred on October 21, 2021, when Baldwin was practicing a “cross draw” with a prop gun on the set at a ranch outside Santa Fe.
The gun discharged a live round, killing Hutchins and injuring director Joel Souza.
As the armourer, Gutierrez Reed was responsible for firearm safety and storage. Prosecutors accused her of repeatedly violating safety protocols and acting recklessly, leading to Hutchins’ death.
Her defense argued that she was made a scapegoat for broader safety failures on set.
Baldwin’s trial was abruptly dismissed two days in after it was revealed that evidence had been withheld. His attorneys had filed a motion to dismiss, citing a violation of the Brady rule due to the state withholding potentially exculpatory evidence.
This evidence involved unexamined ammunition purportedly linked to the case, which was delivered to investigators after Gutierrez Reed’s conviction.
During a contentious hearing, Special Prosecutor Kari Morrissey testified that the ammunition did not match those found on the ‘Rust’ set and had no evidentiary value, although the lead investigator noted the rounds appeared “similar” to the dummy rounds on set.
Judge Mary Marlowe Sommer ruled that prosecutors failed to disclose evidence properly to the defense, leading to the dismissal of Baldwin’s case with prejudice, meaning it cannot be retried.
A former federal prosecutor, Neama Rahmani, said, “I fully expect Hannah Gutierrez Reed to make the same argument for her conviction to be overturned.”
He added, “This evidence is more exculpatory and exonerates Gutierrez Reed even more than Baldwin. It won’t just be Alec Baldwin who’s a free man. Hannah Gutierrez Reed will go free as well. And it’s really a tragedy to the victims in this case.”
