‘Rust’ Armorer Seeks Dismissal of Charges After Judge Throws Out Baldwin's Case
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Hannah Gutierrez Reed, the armorer involved in the fatal shooting on the set of the film "Rust," has filed a motion for a new trial or dismissal of her case. This motion comes in the wake of a judge's decision to dismiss the involuntary manslaughter charges against actor Alec Baldwin with prejudice on Friday. Notably, the ruling means Baldwin cannot face the same charges again.
The dismissal of Baldwin's case by 1st Judicial District Judge Mary Marlowe Sommer was due to the finding that special prosecutor Kari T. Morrissey had suppressed crucial evidence related to live ammunition, impacting the fairness of Baldwin's trial. Specifically, Baldwin’s defense had argued that the Santa Fe County Sheriff’s Office had mishandled evidence by failing to document live rounds properly. Morrissey defended her actions by claiming the disputed ammunition was unrelated to the case and not deliberately concealed from Baldwin’s lawyers.
Judge Sommer, however, found the state's actions to be calculated. She stated, "The state's willful withholding of this information was intentional and deliberate. If this conduct does not rise to the level of bad faith, it certainly comes so near to bad faith as to show signs of scorching prejudice." Judge Sommer emphasized, "The sanction of dismissal is the only warranted remedy," highlighting the severity of the prosecutorial misconduct.
Gutierrez Reed, who was responsible for the gun that discharged the live bullet and resulted in the death of cinematographer Halyna Hutchins, is now challenging her own conviction.
The subsequent investigation of the shooting revealed that Gutierrez Reed had allegedly mishandled the firearms on set. She was found guilty of involuntary manslaughter in March of this year and was ultimately sentenced to 18 months in prison. However, her legal team is arguing that similar “discovery violations” and prosecutorial misconduct should grant her a new trial or dismissal of her charges.
Gutierrez Reed's attorney, Jason Bowles, filed the motion on Tuesday, citing the court's “inherent power” to address such violations. Bowles also called for the removal of Morrissey as special prosecutor, citing her misconduct in the case.
Gutierrez Reed's legal team maintains that factors “outside of Gutierrez Reed's control” contributed to the tragic incident. They argue that the introduction of live ammunition onto the set and Baldwin “going off script and doing what he did” were unforeseen events that she could not have prevented.