As a seasoned trial attorney with over two decades of experience under my belt, I have seen my fair share of complex cases and unexpected twists. The recent developments in the Hannah Gutierrez-Reed case have piqued my interest, and as I delve deeper into the details, I can’t help but feel that this is a significant moment for her legal journey.
Despite the dismissal of charges against Alec Baldwin in the Rust manslaughter case on July 12 due to allegations of a “cover-up,” the legal process surrounding Halyna Hutchins’s death is not yet complete. In March 2023, Hannah Gutierrez-Reed, the film’s armorer, was found guilty of involuntary manslaughter on March 6. Prosecutors argued that Gutierrez-Reed neglected to check if the bullets were blank when she gave the gun to Baldwin for a scene. However, following her sentencing in April, Gutierrez-Reed filed an appeal on May 14, 2024. The “cover-up” claims made by Baldwin in court papers and hearings have provided an opportunity for Gutierrez-Reed to challenge her conviction through additional means. On July 16, her lawyers submitted a request for either the dismissal or a new trial, citing withheld evidence.
What’s happened in Gutierrez-Reed’s case since Baldwin’s was dismissed?
A significant development in the upcoming stage of this case is the startling revelation from Baldwin’s investigators about live rounds given by ex-Arizona cop Troy Teske to the Santa Fe sheriff’s office on March 6. These rounds could be connected to the Rust incident, as Teske, a friend of Thell Reed (Gutierrez-Reed’s father), described them as evidence when he handed them over. However, law enforcement and prosecutors reportedly filed these rounds in a manner that kept this information from Baldwin’s team. After a hearing on this matter, doubts have arisen regarding Gutierrez-Reed’s conviction – and the possibility of it being overturned – due to the importance of firearms evidence in her charge.
In a recent filing by Gutierrez- Reed’s legal team, led by Jason Bowles and Monnica Barreras, they accuse special prosecutor Kari Morrissey and lead investigator Alexandria Hancock of concealing crucial evidence in the case. The lawyers argue that during the hearing, Hancock revealed that Morrissey was involved in the decision to keep the bullets in a separate file. They claim that Morrissey lied under oath when she testified that she didn’t know it was a different file. Gutierrez- Reed’s team points out that Morrissey had been aware of the bullets for years, and they contacted her about them in January 2024, before the trial, asking if the prosecution planned to test them. Morrissey replied that they wouldn’t, stating she “found them visually dissimilar and not relevant.” The defense team believes that the state intentionally hid this evidence to prevent further investigation. In their appeal to Judge Mary Marlowe Sommer, they argue that, given the history of discovery issues in this case, how can it be any different for Gutierrez- Reed’s case?
Why was Gutierrez-Reed charged in the first place?
On October 21, 2021, according to prosecutors, Gutierrez-Reed prepared her revolver at the heart of this case. She allegedly put the gun in a prop truck’s safety box during a break for lunch without adhering to proper safety procedures. After lunch, they assert, she failed to inspect the weapon before giving it to assistant director David Halls. Prosecutors claim this was the third instance where she neglected to follow standard safety protocols and properly check the gun and ammunition.
According to the prosecution, Halls, who admitted to negligent use of a deadly weapon and received a six-month suspended sentence, referred to the weapon as “unfeeling” before giving it to Baldwin. The prosecutors believed that Gutierrez-Reed was in charge of all firearm-related matters on the set of “Rust,” including safety procedures and training. They held her responsible for the tragic death of Hutchins, which they attributed to her negligence.
How does the new bullet evidence tie into all this?
After the fatal shooting on the “Rust” set that resulted in the death of Halyna Hutchins and injury to director Joel Souza, there have been questions about how live ammunition ended up there in the first place. In her defense during the trial, Gutierrez-Reed’s attorney argued that she was being falsely accused and that crucial evidence may have been manipulated during the investigation. However, there wasn’t any concrete proof presented to suggest that Gutierrez-Reed had brought live ammo onto the set.
Last week, Baldwin’s legal team filed a motion to dismiss the case against him, claiming that crucial information was hidden from them. They argued that Seth Kenney, who had supplied firearms for the film set, was responsible for the live round found on set. During an interview with police on November 1, 2021, Kenney insisted he wasn’t involved in providing live ammo. The defense team revealed that Teske, a producer, received a picture of ammunition from Kenney after their interview, which didn’t match the rounds discovered on the Rust set. After being asked to hand over more bullets from another set where Kenney had used them, Teske complied, but the prosecution never collected them. According to court documents filed on July 11, these materials were considered “evidence that the live rounds came from Kenney” and “favorable to Baldwin.” The state wanted to conceal this information, leading Judge Sommer to dismiss the case with prejudice. Now, Gutierrez-Reed’s defense team is leveraging this evidence to push for the dismissal of her case as well.
Why would this help Gutierrez-Reed?
Gutierrez-Reed’s trial was overseen by the same prosecutor who handled Baldwin’s case, using similar evidence. According to experienced lawyer Troy Lovell, this evidence could hold greater significance for Gutierrez-Reed’s trial than it did for Baldwin’s. Lovell explained that while Baldwin’s case centered around his actions like pointing the gun at Hutchins, he wasn’t charged with bringing ammunition to the set of “Rust” or loading the gun himself.
According to Lovell, the presence of Gutierrez at the scene of the potential evidence is significant in relation to its origin. This finding could explain how she obtained it, and if there’s a chance it was smuggled in or came from another source, it may be worth reconsidering the verdict, even after a trial has concluded. If new proof emerges, the defense can use it in court. Lovell believes this discovery provides “strong reasons” to overturn the not-guilty judgment.
As a seasoned criminal defense attorney with over two decades of experience, I have seen countless cases where new evidence comes to light after a trial, raising questions about the fairness and ethics of the prosecution’s actions. In the case of Hannah Gutierrez-Reed, the recent revelations regarding the handling of crucial evidence by investigators and the prosecutor has significantly changed the dynamics of her legal battle.
What have prosecutors said about Gutierrez-Reed’s case?
The prosecutor’s office declined to comment on Gutierrez-Reed’s dismissal request, which is under ongoing investigation, following standard procedure for their agency (as of Friday). Meanwhile, Morrissey’s appointment as the district attorney remains unchanged, and Kari Morrissey was praised by Mary Carmack-Altwies as an effective advocate to handle the Hannah Gutierrez-Reed cases. (July 15 statement)
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2024-07-22 18:55