(SANTA FE, N.M.) — A New Mexico judge will weigh whether to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after dismissing the case against Alec Baldwin for evidence suppression.
Judge Mary Marlowe Sommer heard arguments during a virtual hearing Thursday on a defense motion seeking a new trial or dismissal of Gutierrez’s case.
Her attorneys argued in the filing that she is entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”
Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.
The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.
Bowles told the judge that he became aware of the ammunition at the heart of Baldwin’s dismissal — which had been brought forward by his witness, Troy Teske, during Gutierrez’s trial — but directed Teske to bring it to the sheriff’s office because he “didn’t want to be in the chain of custody.”
“We weren’t told what happened” after that, Bowles said. “We weren’t able to utilize those rounds.”
He also argued that the state suppressed additional evidence, including one of firearm expert Luke Haag’s reports on the revolver involved in the shooting, and an interview with Seth Kenney, the owner of the prop firearms supplier for “Rust.”
“This pattern of discovery abuse occurred in Miss [Gutierrez’s] case in the same manner that it occurred in Mr. Baldwin’s case,” Bowles said, saying they are “asking for dismissal on the same basis that this court dismissed Mr. Baldwin’s case.”
Morrissey argued that Gutierrez and Bowles can’t rely on the dismissal of Baldwin’s case over the rounds because they were in the possession of his witness, Teske.
“She and her lawyer had them during trial and chose not to use them,” she said. “That is exactly what happened,”
“They don’t get to now come and say we made a strategic error, so give us a new trial,” she continued.
Morrissey argued that the other evidence raised by Bowles was not material and said the state did not intentionally withhold evidence.
“Nothing was intentionally buried,” she said, adding that the case had a “terabyte of discovery” with new discovery “coming in constantly.”
She admitted to failing to provide the defense with one of Haag’s report, saying she forwarded it to him when she realized it after Gutierrez’s trial.
“When I realized during the Baldwin preparation for trial that that did not occur, I immediately, I took full responsibility for it,” she said. “We did the best we could do resolve it at that point.”
Morrissey argued that Haag’s findings on the revolver still would not help the defense if there were a new trial. She also argued that the defense could have found the evidence before Gutierrez’s trial themselves through “due diligence.”
Bowles additionally alleged in his motion that Morrissey lied under oath during a motion hearing during Baldwin’s trial and asked that if the judge granted a new trial, to remove Kari Morrissey as the special prosecutor. “I don’t do it lightly,” he told the judge Thursday.
Morrissey contended in court filings that she didn’t lie under oath. During Thursday’s hearing, she said she stands by her response while adding that the defense did not include the legal analysis in their motion to remove her as prosecutor.
“This isn’t just something that you randomly ask for,” she said. “The legal analysis has to be conducted, and it hasn’t been conducted here.”
Thursday’s hearing also addressed a defense motion asking for Gutierrez’s immediate release from prison.
Judge Marlowe Sommer said she will issue rulings on both motions next week.
A jury found Gutierrez guilty of involuntary manslaughter in the death of Hutchins, who was fatally shot by Baldwin on the Santa Fe set of the Western in October 2021 when his revolver fired a live round.
Prosecutors argued during the March trial that the armorer was the source of the live bullet that killed Hutchins and had failed to follow safety protocols meant to protect the crew while handling the firearms.
Gutierrez was sentenced in April to 18 months in prison, the maximum for the offense.
The defense had filed an appeal in May.
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