A judge in New Mexico will decide whether” Rust” armorer Hannah Gutierrez should be given a new trial in light of complaints that prosecutors allegedly hid evidence in the on-set shooting case.
Judge Mary Marlowe Sommer of the New Mexico First Judicial Circuit Court announced on Thursday that she would rule the following month regarding whether to give a new test. While the jury considers her movements, she will also take into account Jason Bowles ‘ request to immediately discharge Gutierrez from jail.
During an hourlong reading with Bowles and special counsel Kari Morrissey on Thursday morning, Sommer stated that the decisions for immediate release and a new trial would be made in two distinct orders.
Involuntary manslaughter was committed in the shooting death of” Rust” cinematographer Halyna Hutchins by accident on-set in March. Gutierrez was found guilty.
According to the prosecution, Gutierrez allegedly loaded live rounds into a prop firearm that Alec Baldwin was using while on the set. When the prop gun discharged, Baldwin was pointing it at Hutchins during a practice.
Gutierrez is already serving an 18-month prison sentence for her part in the firing.
However, in July, the event took a new direction. After his prosecutors alleged misconduct, including alleged collusion between the attorney and Santa Fe County sheriff’s representatives, Sommer dismissed a misdemeanor criminal command against Baldwin against him. A case of weapons that could have been used as evidence was concealed from defense lawyers.
Time after that decision, Gutierrez’s prosecutors filed a motion to dismiss her situation as well.
The defense was not made aware of the bag of weapons, a report from a firearms expert hired by the special counsel, and an appointment with the owner of a business that provided the weapons, holes, and some fake rounds for” Rust,” according to Bowles during the Thursday reading. A mark that identifies the” Rust” guns was revealed on the ammunition.
” We are asking for a departure on the same basis as this jury dismissed Mr. Baldwin’s situation”, Bowles said during the hearing.
He even requested that Morrissey be asked to consider leaving the case as a special counsel.
Bowles ‘ states were disputed by Morrissey, who claimed that they did not match the legal requirements for a new trial. She even opposed Gutierrez’s demand for instant release.
” When you look at the six factors that the court has to consider when granting a new trial, the defense does n’t get there”, she said during the hearing. ” They just do not get it”.
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