A New Mexico judge has declined to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after previously dismissing the case against Alec Baldwin for evidence suppression.
Her attorneys argued in court filings that she was entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”
Judge Mary Marlowe Sommer denied the motion Monday following arguments during a virtual hearing Thursday. She also denied a separate motion from the defense seeking immediate release from detention.
In her ruling, Marlowe Sommer stated the issues raised by the defense did not justify a new trial or dismissal, and that in Gutierrez’s case the state did not suppress the ammunition evidence that was at the heart of Baldwin’s dismissal.
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 — 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 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.”
Special prosecutor Kari Morrissey argued 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 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.”
In her order, Marlowe Sommer found that the state did suppress the Kenney interview and the Haag report, but that the defense failed to establish that either piece of evidence is material.
Regarding the Teske-supplied ammunition, the judge found that the state did not suppress or fail to provide her with evidence that could be favorable to her case because the live rounds were available to her and her defense in advance of and during her trial.
Marlowe Sommer also found that the state could not have suppressed other evidence related to the ammunition, including the sheriff’s office’s supplemental report and lapel footage of Teske at the sheriff’s office, before or during the trial because those items were not created until on or after the final day of Gutierrez’s trial.
Teske, a retired officer who lives in Arizona and is a friend of Gutierrez’s father, famed Hollywood armorer Thell Reed, brought the live ammunition to the Santa Fe County Sheriff’s Office at the end of Gutierrez’s trial. He said the ammunition, which was owned by Reed and from a different set, was suspected of being connected to the “Rust” set and that Gutierrez’s defense did not want the ammunition, according to lapel footage of his sheriff’s office interview played during Baldwin’s trial.
Morrissey said during Baldwin’s trial that the ammunition did not have any evidentiary value in either Gutierrez’s or Baldwin’s case. Baldwin defense attorney Luke Nikas charged that the ammunition evidence was ultimately “concealed” by being placed under a different case number and said it was “critical” evidence that was required to be disclosed.
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.
