A judge is set to rule next week on whether to overturn the conviction of “Rust” armorer Hannah Gutierrez Reed, who is serving an 18-month sentence in the accidental death of cinematographer Halyna Hutchins.
During a virtual hearing on Thursday, Gutierrez Reed’s attorney, Jason Bowles, urged Santa Fe Judge Mary Marlowe Sommer to dismiss the case because evidence was withheld before her trial in February.
Bowles alluded to the judge’s decision to dismiss a similar charge against Alec Baldwin, calling that “one of the biggest debacles of ethical misconduct, probably in the history of New Mexico.”
He argued that Gutierrez Reed was subject to similar misconduct, and should get the same result.
“I will consider these arguments as well as the pleadings,” Marlowe Sommer said. “I plan to issue the order early next week.”
Gutierrez Reed was convicted on March 6 of involuntary manslaughter, as a jury found she had committed criminal negligence by loading a live bullet into Baldwin’s gun.
Baldwin’s case was dismissed with prejudice during his trial in July, after the judge ruled that prosecutor Kari Morrissey had withheld a cache of bullets from Baldwin’s defense.
Bowles argued that the state had also failed to turn over evidence before Gutierrez Reed’s trial, including a forensic report that identified “unexplained toolmarks” on Baldwin’s gun.
“We could have used that at trial,” he said. “It’s inexplicable that we didn’t have this report.”
He said the state had also withheld an interview with Seth Kenney, the weapons supplier and a key witness in the case. That evidence, Bowles argued, could have been used to impeach Kenney’s testimony.
“This pattern of discovery abuse occurred in Ms. Gutierrez Reed’s case in the same manner as it did in Mr. Baldwin’s case,” Bowles said. “This case is so egregious… lying, cheating and hiding evidence.”
In her response, Morrissey conceded that Kenney’s interview was suppressed, and should have been turned over.
“He’s absolutely right,” Morrissey said. “It was absolutely a failure. There’s no question about it.”
But she argued that the interview was duplicative of other statements Kenney had given, which the defense had access to. She also argued that other statements were unhelpful or irrelevant to Gutierrez Reed’s defense.
And she has maintained that the forensic report would have been of no use to Bowles, as his theory was that the gun was functioning properly. She also said the failure to turn over the report was inadvertent.
“Nothing was intentionally buried,” she said.
Bowles is asking either for a new trial or for the case to be dismissed outright. He also asked that Morrissey be barred from prosecuting the case if it is tried again.
Morrissey argued that Bowles had failed to make a proper motion to have her excluded from a retrial, and that therefore that request should be denied.
Bowles also urged the judge to release his client from prison pending her appeal. Gutierrez Reed has served six months of her 18-month sentence.
Morrissey is also asking the judge to revive the Baldwin prosecution, arguing that Baldwin’s lawyers had successfully confused the judge about the relevance of the withheld bullets.
Marlowe Sommer has yet to rule on that motion. Assuming it is denied, Morrissey has suggested that the state may appeal the dismissal to a higher court.
From Variety US