Amid Baldwin furor, ‘Rust’ armorer Hannah Gutierrez wants her case dismissed too

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As a seasoned movie critic with over two decades of experience in the industry, I have seen my fair share of legal dramas unfold behind the scenes. The ongoing saga of the “Rust” shooting case and the latest developments in Hannah Gutierrez’s request for a new trial or dismissal has left me both intrigued and dismayed.

Following the fallout of New Mexico’s legal action against Alec Baldwin over hidden evidence in the “Rust” shooting investigation, armorer Hannah Gutierrez petitioned the court for her own case to be dropped.

Jason Bowles, lawyer for Gutierrez, submitted a 23-page petition on Tuesday night. In this petition, he requested that either Gutierrez’s involuntary manslaughter conviction be reversed or that she be granted a new trial. The reason being, severe and persistent violations of discovery rules by the state. Bowles claimed that the trial against Gutierrez was unjust as the state concealed crucial evidence in her case.

Currently, Gutierrez is in prison for a term of 18 months due to her involvement in the fatal shooting of “Rust” cinematographer Halyna Hutchins on the set of the low-budget western film on October 21, 2021.

The dismissal of the felony charge against Baldwin during last Friday’s extraordinary court hearing in New Mexico has left the legal community in shock, as Judge Mary Marlowe Sommer of the First Judicial Circuit Court unexpectedly ended the actor’s high-profile trial.

After Baldwin’s lawyers accused the judge of misconduct, he grew concerned. They claimed that the prosecutor and Santa Fe County sheriff’s deputies had colluded to hide vital evidence – a bag of ammunition – from the defense team.

Judge Mary Marlowe Sommer, center, questions special prosecutor Kari Morrissey, second from left, about evidence not turned over to defense attorney Alex Spiro, second from right, during actor Alec Baldwin’s trial July 12.
(Eddie Moore / Associated Press)

A retired law enforcement officer, Troy Teske, gave the Santa Fe County Sheriff’s Office a bag containing cartridges in March following Gutierrez’s trial completion. Teske, who is acquainted with Gutierrez’s stepfather Thell Reed, presented this evidence to prosecutors towards the end of last year. However, special prosecutor Kari T. Morrissey chose not to accept it.

Morrissey examined the cartridge photos and concluded they didn’t resemble the “Rust” live ammunition. Additionally, the sheriff’s crime scene tech testified last week that the bullets weren’t a match to those discovered at the scene.

After Marlowe Sommer put on blue latex gloves and examined the evidence bag during a significant hearing on Friday, it came to light that three of the casings bore the mark of Starline Brass. This detail identified them as being linked to the “Rust” bullets.

As a dedicated cinema-goer, I felt compelled to take the stand myself, disregarding the judge’s caution not to testify. I wanted to set the record straight regarding my role in the Teske ammunition case and the Baldwin investigation.

Prior to this, Erlinda O. Johnson, a lawyer working with Morrissey, announced her departure from the case. She explained to Chris Cuomo of NewsNation that she made this decision because she became aware of the Teske rounds, which were significant to the trial, at the same time as the general public – during Alex Spiro’s cross-examination of a Santa Fe County law enforcement officer on Thursday evening.

“During an interview with Cuomo, Johnson emphasized that it’s our responsibility as prosecutors to ensure all relevant evidence is shared. We don’t have the authority to dictate how the defense uses that evidence.”

Morrissey, via email, said she would provide a written response to the Gutierrez motion.

Special prosecutor Kari Morrissey talks about evidence not turned over to the defense during actor Alec Baldwin’s trial for involuntary manslaughter for the 2021 fatal shooting of cinematographer Halyna Hutchins.
(Eddie Moore / Associated Press)

Last week, she stated that the Teske rounds lacked relevance since they had never been taken out of Arizona. The “Rust” incident transpired outside Santa Fe, N.M. Teske was present in Santa Fe for Gutierrez’s trial in March. He was supposed to testify on Gutierrez’s behalf but was not summoned to do so by Bowles.

According to Baldwin’s lawyers, the rounds used in the filming were reportedly sourced from a batch provided to Seth Kenney, the supplier of “Rust” weapons and ammunition. The claim is made that live bullets may have been mistakenly mixed with dummy bullets by Kenney – an accusation that Kenney has repeatedly refuted.

In an interview that was hidden from the defense until after Gutierrez’s trial and conviction, Kenney spoke with Bowles.

Ms. Gutierrez-Reed kindly asks this court to either grant a new trial or drop the case due to serious misconduct by the prosecution. (Bowles filed this request on Tuesday.)

Actor Alec Baldwin, left, at his trial July 12 for involuntary manslaughter for the 2021 fatal shooting of cinematographer Halyna Hutchins.
(Ramsay de Give / Associated Press)

Last week, allegations surfaced that crime scene technician Marissa Poppell was instructed to move the Teske bullet rounds into a different case file with an distinct number (other than Rust’s) and generate a report which was also lodged in this separate file. Consequently, these findings were not meant to be revealed to the defense according to Bowles’ court filing in Gutierrez’s case.

Gutierrez was set to take the stand during Baldwin’s trial, but Marlowe Sommer unexpectedly dropped the case on the third day of Gutierrez’s testimony.

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2024-07-18 21:35