Rust armorer asks for new trial or dismissal after outcome of Baldwin case

NEW MEXICO (KRQE) – After a Santa Fe judge threw out the criminal case against Alec Baldwin, set armorer Hannah Gutierrez wants her conviction overturned. It comes after the judge ruled prosecutors withheld critical evidence from the defense in the case of the deadly shooting on the set of Rust.

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Judge Mary Marlowe Sommer dismissed with prejudice Alec Baldwin’s involuntary manslaughter charge on July 12 after the defense accused prosecutors of hiding evidence. The defense said the state knew about ammunition that was turned into the Santa Fe County Sheriff’s Office but never tested it. The state claimed that ammunition was not relevant.

In 2021, Baldwin was holding a gun with a live round in it on the set of Rust, which killed cinematographer Halyna Hutchins. While his case was dismissed, set armorer Hannah Gutierrez was found guilty of involuntary manslaughter in March and sentenced to 18 months in prison.

Now, after the judge’s ruling in Baldwin’s case, Gutierrez is asking for a new trial or a dismissal. In a motion filed on Tuesday, her attorneys said the state “compromised the integrity of the entire judicial process.”

They also said the state’s failure to test the ammunition or tell the defense about it affected Gutierrez’s case as much as Baldwin’s and could provide critical information about who was actually responsible for the live ammunition on set.

Gutierrez’s attorneys argued the state also knew about other evidence that could have helped her case, including a report on the condition of the gun used in the shooting. The defense argues the evidence could have changed the outcome of Gutierrez’s trial.

The defense also asked for special prosecutor Kari Morrissey to be removed from the case. The Santa Fe County District Attorney, Mary Carmack-Altwies, said in a statement, “There is no better advocate than Morrissey to see the Hannah Gutierrez cases through and her appointment and oath are still in place.”

Gutierrez’s attorney, Jason Bowles, told KRQE News 13 he could not comment on the new motion until they get a response.

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