Hannah Gutierrez-Reed, the armorer responsible for the firearms on the set of the movie “Rust,” is seeking a new trial and immediate release from prison. Her defense claims that prosecutors withheld crucial evidence that could have significantly impacted the outcome of her trial. This revelation comes after a recent hearing in Alec Baldwin’s criminal case, where it was disclosed that a potentially exculpatory report about the firearm was not shared with Gutierrez-Reed’s defense team.
Gutierrez-Reed was convicted of involuntary manslaughter in March for her role in the fatal shooting of cinematographer Halyna Hutchins on October 21, 2021. She is currently serving an 18-month sentence. Her defense attorney, Jason Bowles, filed a motion on Thursday in New Mexico, arguing that the prosecution’s failure to disclose the report constitutes “dishonesty and misconduct.” Bowles contends that this oversight deprived Gutierrez-Reed of a fair trial.
The report in question was authored by gun expert Lucien Haag, who was hired by prosecutors to analyze the replica revolver involved in the shooting. Haag’s third report, written in August, focused on unusual diagonal markings on some internal components of the gun. He noted that these markings did not appear to be original manufacturing marks or the result of damage caused by the FBI’s prior testing of the weapon.
During Baldwin’s evidentiary hearing, Haag testified that he initially believed the diagonal marks were unexplained. However, he later changed his opinion, concluding that the marks were likely caused by an FBI technician striking the gun with a rawhide mallet during testing. Haag stated that he learned about the technician’s freehand testing method before Gutierrez-Reed’s trial, which explained the angular markings.
Despite this, the third report was never disclosed to Gutierrez-Reed’s defense team. Bowles argues that this omission is a clear example of new evidence that warrants a retrial. He believes that the report could have led to a fundamentally different trial and potentially a different outcome for his client.
At Gutierrez-Reed’s trial, Haag did not mention his third report and testified that he saw no evidence of modification or damage to the gun beyond the FBI’s testing. He defended this testimony during Baldwin’s hearing, explaining that he had learned about the freehand testing method before Gutierrez-Reed’s trial, which accounted for the diagonal marks.
Prosecutors argued during Gutierrez-Reed’s trial that she brought live ammunition onto the “Rust” set and failed to follow basic gun safety rules, leading to Hutchins’ death. Gutierrez-Reed’s defense, however, claimed that she was being scapegoated for the safety failures of the film set management and other crew members. She did not testify during her trial.
Prosecutors sought the maximum prison sentence for Gutierrez-Reed, citing her “complete and total failure to accept responsibility for her actions.” In contrast, her defense argued for probation, highlighting her lack of prior criminal history and her record of positive contributions.
The recent disclosure of the third report has also impacted Baldwin’s case. His defense team has filed a motion to dismiss the involuntary manslaughter charges against him, arguing that the destruction of the gun during FBI testing prevents them from recreating the examination. Prosecutors and Baldwin’s attorneys sparred over this issue during a hearing, with the prosecution insisting that the defense should have conveyed the firearm’s significance before the testing.
Judge Mary Marlowe Sommer, who is overseeing Baldwin’s case, has instructed both sides to continue preparing for trial, despite the ongoing motions. Baldwin’s team has also filed a separate motion seeking to dismiss the indictment, claiming that prosecutors have failed to turn over required evidence. The judge has not yet indicated whether she will entertain this motion before the trial begins.
Last week, Baldwin’s legal team lost a bid to have the case dropped, arguing that the shooting was an accident and that Baldwin is not criminally liable. Prosecutor Kari Morrissey countered that Baldwin, as an experienced actor, knew he had a real gun and understood the risks involved.
If Judge Sommer rules against Baldwin’s motion to dismiss on Friday, his trial is expected to begin in July. Meanwhile, Gutierrez-Reed’s defense continues to push for her release and a new trial, citing the withheld evidence as a critical factor that could have changed the course of her case.
Source: Rolling Stone, CNN, Reuters
