A New Mexico judge has scheduled a hearing to determine whether Hannah Gutierrez, the armorer convicted in the "Rust" movie set shooting, should be released from prison or granted a new trial.
This development comes one month after the dismissal of involuntary manslaughter charges against actor Alec Baldwin in the same case. The Los Angeles Times reported that the hearing is set for September 27.
Gutierrez, who was found guilty of involuntary manslaughter in March for her role in the death of cinematographer Halyna Hutchins, is currently serving an 18-month sentence. Her attorney, Jason Bowles, has filed a motion seeking her release, citing alleged withholding of evidence by the prosecution before her trial.
The motion filed by Bowles argues that special prosecutor Kari T. Morrissey withheld crucial evidence before Gutierrez's trial. This includes a recorded interview with weapons provider Seth Kenney, who was a key prosecution witness. Bowles contends that these actions violated Gutierrez's due process rights.
In response to these allegations, Bowles has requested either a new trial or the dismissal of Gutierrez's case. He asserts that the court should order Gutierrez's release due to what he terms "egregious prosecutorial misconduct."
Morrissey, however, has denied these allegations and opposes the motion for a new trial. She maintains that Bowles was aware of certain disputed evidence, specifically ammunition cartridges provided to deputies in March by a former police officer named Troy Teske.
The current developments follow Judge Mary Marlowe Sommer's dismissal of charges against Alec Baldwin in July. The dismissal came after revelations that Santa Fe County sheriff's deputies and the special prosecutor had allegedly withheld potential evidence from Baldwin's lawyers.
Judge Sommer expressed anger at the deputies and Morrissey for this apparent oversight. The evidence in question involved cartridges turned over to deputies by a retired police officer from Arizona, who suggested they might match the fatal bullet in the "Rust" shooting.
The miscategorization of this evidence under a different case number made it impossible for Baldwin's legal team to locate it while preparing for his trial. This incident led to the collapse of the prosecution's case against Baldwin.
Bowles argues that the same prosecutorial issues that affected Baldwin's case are relevant to Gutierrez's conviction. He asserts that the withholding of evidence, particularly the recorded interview with Seth Kenney, significantly impacted Gutierrez's trial.
However, Morrissey maintains that the disputed evidence was irrelevant to Gutierrez's case. She points out that the bullets in question were in Arizona, not New Mexico, at the time of the "Rust" shooting.
The upcoming hearing on September 27 will be crucial in determining whether Gutierrez will be released from prison or granted a new trial. The judge's decision could have significant implications for the ongoing legal proceedings surrounding the tragic incident on the "Rust" movie set.
The case surrounding the "Rust" movie set shooting continues to evolve. The scheduled hearing for Hannah Gutierrez's potential release or new trial adds another layer to the complex legal proceedings. As the date approaches, all eyes will be on the New Mexico court to see how it addresses the allegations of prosecutorial misconduct and whether it will impact Gutierrez's current conviction and sentence.
