‘Rust’ Armorer Loses Bid for New Trial Over Withheld Evidence

A judge on Monday upheld a guilty verdict against “Rust” armorer Hannah Gutierrez Reed, finding that withheld evidence would not have changed the outcome of the trial.

'Rust' Judge to Rule Next Week on Armorer's Bid for New Trial

The defense asked for a new trial on the grounds that the prosecution had failed to turn over a forensic report and an interview with weapons supplier Seth Kenney.

“Defendant has not established that there is a reasonable probability that, had the evidence been available to Defendant, the evidence would have produced a different verdict,” wrote Judge Mary Marlowe Sommer, in her opinion.

Gutierrez Reed is serving an 18-month sentence for involuntary manslaughter in the death of “Rust” cinematographer Halyna Hutchins. At trial in Santa Fe in February, the prosecution argued that she had mishandled weapons on the set and failed to detect a live bullet before loading it into Alec Baldwin’s gun.

The gun discharged during preparation for a scene, killing Hutchins and wounding director Joel Souza. Baldwin was also charged with involuntary manslaughter, but his case was dismissed midway through trial in July, after the defense showed that the prosecution had failed to turn over a cache of bullets.

Gutierrez Reed’s defense team hoped the same argument would prevail in her case. They argued that prosecutor Kari Morrissey showed the same haphazard approach to her discovery obligations during the Gutierrez Reed trial, by failing to disclose an expert’s report showing “unexplained toolmarks” on Baldwin’s gun.

Alec Baldwin's Lawyers Argue There Is No Reason to Reopen 'Rust' Manslaughter Case

But the judge noted that the expert concluded that the toolmarks had no bearing on the operation of the firearm, and therefore likely would not have affected the outcome of the trial.

The judge agreed with the prosecution’s position that Kenney’s interview was duplicative of other statements he had given. Marlowe Sommer also ruled that the cache of bullets that ended Baldwin’s case had been available to Gutierrez Reed, and therefore she was not entitled to a new trial.

Gutierrez Reed is still pursuing an appeal on numerous other grounds, including an argument that the jury instructions were faulty.

Meanwhile, Morrissey is seeking to revive the case against Baldwin, arguing that the judge was confused by the defense into believing that the withheld bullets were relevant to his case.

'Rust' Judge Denies Prosecutor's Move to Reopen Alec Baldwin Case on Procedural Grounds