Could Alec Baldwin’s dismissal be Hannah Gutierrez’s ticket to freedom?

SANTA FE, N.M. (Court TV)—In a heated court hearing for Hannah Gutierrez , the defense, led by attorney Jason Bowles, requested a new trial or dismissal of charges and Gutierrez’s immediate release.

Hannah Gutierrez attends a Sept. 26, 2024, motion hearing via Zoom as her defense attorney, Jason Bowles, and special prosecutor Kim Morrissey argue over immediate release and a motion for a new trial or dismissal for discovery violations. (Court TV)

Should the court grant Gutierrez a new trial, Bowles asked that special prosecutor Kim Morrissey be removed from the case due to the prosecution’s “egregious prosecutorial misconduct.”

Gutierrez, an armorer involved in the fatal “Rust” movie shooting on Oct. 21, 2021, is serving an 18-month sentence related to the accidental death of cinematographer Halyna Hutchins.

Bowles pointed to the Court’s prior ruling in the Alec Baldwin case, which was abruptly dismissed on Day three when the Court learned that the prosecution had engaged in significant misconduct. He argued that similar violations occurred in Gutierrez’s case, emphasizing that Morrissey improperly withheld evidence crucial to the defense.

The Hague Report

One of Bowles’ key points was the non-disclosure of the “Hague report,” a supplemental report that examined tool marks on the firearm used in the incident. The Hague report, Bowles argued, raised doubts about whether the gun was functioning correctly, an issue central to the defense’s case. According to Bowles, the Hague report indicated unexplained tool marks, which could have affected the gun’s functionality—a critical factor in establishing whether Gutierrez could be held accountable.

The Seth Kenney Interview

Furthermore, Bowles highlighted suppressed interviews, including that of Seth Kenney, an ammo supplier providing ammunition to the “Rust” set. According to Bowles, Morrissey failed to turn over this interview in a timely manner and vouched for Kenney’s credibility, a move the defense argues compromised their ability to cross-examine him effectively.

The Teske Rounds

The case-ending evidence at Baldwin’s trial was ammunition that was brought into the sheriff’s office after Gutierrez’s trial by Troy Teske, a former police officer, who stored the ammunition for Thell Reed, Gutierrez’s stepfather and a retired movie armorer. That ammunition came under scrutiny after the shooting when investigators were trying to determine where the live rounds came from.

Gutierrez’s attorney had asked an investigator in the case, Corporal Alexandria Hancock, to collect a series of rounds from Teske and send them to the FBI to be tested, but Hancock never did. When Gutierrez’s trial ended and Teske had not been called to the stand, he took the rounds that remained in his possession and gave them to the Santa Fe County Sheriff’s Office. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers alleged they “buried” it and filed a motion to dismiss the case.

MORE | Prosecutor asks judge to reconsider dismissing charges against Alec Baldwin

Hannah Gutierrez is expected to be transported to the Santa Fe courthouse on Friday. (Court TV)

Morrissey defended her actions, stating that any failures to turn over evidence were inadvertent and promptly corrected when discovered. She also asserted that Bowles had access to much of the evidence during the trial, including the rounds and Hague’s report. Morrissey argued that Bowles’ decision not to use the rounds during the trial was strategic and did not warrant a new trial.

Both parties presented arguments regarding Morrissey’s potential dismissal from the case. Bowles stated that her involvement had compromised the integrity of the trial, while Morrissey countered that Bowles had not provided sufficient legal grounds for such a dismissal.

As for Gutierrez’s immediate release, Bowles pushed for it, asserting that she posed no danger and had complied with previous release conditions. Morrissey opposed the request, citing violations, including possession of alcohol and discussing firearms, despite restrictions.

Judge Mary Marlowe Sommer is expected to rule on both motions early next week.