Judge denies armorer's request to toss 'Rust' case or allow new trial

Sep. 30—A state district judge Monday rejected former Rust armorer Hannah Gutierrez-Reed's requests for dismissal of her involuntary manslaughter conviction or an order for a new trial and her release from prison.

Her defense attorney argued in a hearing last week before Judge Mary Marlowe Sommer his client's case should be tossed based on Sommer's own determination in July prosecutors had violated evidence-sharing rules in a similar case against Rust star and producer Alec Baldwin in the 2021 fatal shooting on a film set south of Santa Fe.

During the hearing Thursday, Jason Bowles leaned into Sommer's scathing order against prosecutor Kari Morrissey amid Baldwin's trial, arguing the "prosecutorial misconduct" extended into Gutierrez-Reed's case as well and that prosecutors had been "lying, cheating, hiding evidence" in both cases.

Gutierrez-Reed had overseen guns and ammunition on the set of Rust, a western film production in which a gun held by Baldwin fired a live round, killing cinematographer Halyna Hutchins and wounding director Joel Souza.

Sommer issued two orders Monday morning denying both of Gutierrez-Reed's requests. She also denied the former armorer's request for a new trial and release in late March, ahead of her sentencing.

The judge found Bowles had failed to establish prosecutors' actions constituted a "Brady violation," or a failure to disclose evidence key to the case. The evidence in question — which included rounds of ammunition given to law enforcement by an outside party — were not "material" to Gutierrez-Reed's defense, the judge wrote in the order.

The motions from Gutierrez-Reed's attorney, Jason Bowles, had focused on prosecutors' suppression of three pieces of evidence during the proceeding: a supplemental report from an FBI investigator who tested the gun, an interview with the film's ammunition supplier and ammunition.

Sommer ruled while some of the evidence had been suppressed or withheld from Gutierrez-Reed by prosecutors, her attorney did not demonstrate any of the evidence was likely to bring about a different outcome in the trial, part of the legal standard for establishing a Brady violation.

"With respect to [Gutierrez-Reed's] arguments concerning her request for release pending appeal, the Court finds that Defendant has not established by clear and convincing evidence that Defendant 'is not likely to flee or pose a danger to the safety of any other person or the community if released,' " Sommer wrote.

The judge noted Bowles' argument Gutierrez-Reed had "no criminal history outside of this case — which concerns an alleged crime of recklessness — and has been cooperative and compliant throughout," but stated it "minimizes the seriousness of the crime of which [Gutierrez-Reed] has been convicted."

Gutierrez-Reed is held in the Western New Mexico Correctional Facility. She began an 18-month prison sentence after her trial in March and sentencing hearing in April.

Bowles has filed an appeal of her conviction, but the New Mexico Court of Appeals allowed a "limited remand" for the District Court to hear his motion seeking a new trial.

Bowles and others have noted Gutierrez-Reed might be finished serving her sentence before there is a decision by the Court of Appeals.

An involuntary manslaughter charge against Baldwin was thrown out by Sommer during his trial in July, following bombshell revelations of evidence violations by law enforcement and prosecutors.