RadarOnline.com obtained documents filed by Gutierrez-Reed's lawyer calling for a New Mexico judge to overturn the 27-year-old's conviction, citing the "egregious prosecutorial misconduct" that prompted the same judge to drop the charges against Baldwin.
Gutierrez-Reed and Baldwin were each charged with involuntary manslaughter after cinematographer Halyna Hutchins , 42, was killed on the Santa Fe movie set in October 2021.
The gun Baldwin was holding for a scene rehearsal unexpectedly fired a live round, and Gutierrez-Reed was found guilty in March for failing to ensure the firearms on set were safe. She was sentenced to 18 months behind bars.
In a shocking court twist on Friday, the third day of Baldwin's trial came to an abrupt halt when Judge Mary Marlowe Sommer ruled the state failed to give the defense crucial evidence regarding how the live ammunition made its way onto the set. The case was dismissed with prejudice, meaning the actor, 66, cannot be charged with the same offense again.
In the wake of Baldwin's court victory , the armorer's attorney, Jason Bowles, filed an "expedited motion" in her case on July 16, requesting "a new trial or dismissal" due to "discovery violations".
The court filing reads: "Justice demands that Hannah Gutierrez-Reed's conviction be overturned immediately, ensuring that the legal system does not perpetuate this core affront to our system that has been watched all over the world."
Bowles wrote that prosecutors "withheld bombshell exculpatory evidence" they "had a constitutional obligation to disclose," and argued the disclosure of this evidence "would have resulted in a fundamentally different trial and likely a different outcome".
His filing continued: "In the alternative to an outright dismissal or at least a new trial, the Court should grant Ms. Gutierrez-Reed's already filed motion for immediate release pending appeal."
The defense lawyer also called for special prosecutor Kari Morrissey to "be removed" in light of "the misconduct that has been found, and the violations committed in Ms. Gutierrez-Reed's case."
First Judicial District Attorney Mary Carmack-Altwies backed Morrissey after the bombshell ruling in Baldwin's case, saying in a statement to local news station KOAT : "There is no better advocate than Kari Morrissey to see the Hannah Gutierrez-Reed cases through, and her appointment and oath are still in place."
Carmack-Altwies added: "Our goal from the beginning was to seek justice for Halyna Hutchins, and we fought to get this case tried on its merits. We are disappointed that the case did not get to the jury."
Notably, Judge Sommer also presided over Gutierrez-Reed's case and will be tasked with responding to the motion.
As RadarOnline.com previously reported, charges against Baldwin were dropped based on a defense motion that said prosecutors were relying on the assumption that "the live rounds were brought to the set by the movie's armorer,” but the concealed evidence "potentially point[ed] to an external source".
Baldwin wept in court as Judge Sommer made her ruling.
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