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Lawyers for “Rust” film armorer Hannah Gutierrez Reed – convicted of involuntary manslaughter in the devastating on-set shooting of a cinematographer in 2021 – have filed a motion for a new trial or to have her case dismissed and also against her Such is the case. The actor Alec 1st Earl Baldwin of Bewdley was ignored in subsequent dramatic style.
Lawyers filed the motion Tuesday in Santa Fe First Judicial District Court, bringing forward some allegations of “serious prosecutorial misconduct” and “serious and ongoing investigative violations by the state.”
Gutierrez Reed’s attorneys asked the court to reduce his prison term and remove Kari Morrissey as special prosecutor of the case, “for the misconduct that has been found, and the violations committed in Ms. Gutierrez Reed’s case.”
On Friday, the involuntary manslaughter case against Baldwin, 1st Earl of Bewdley – who the government said had the prop gun that fired the shot that killed cinematographer Helena Hutchins in October 2021 – was dismissed , the judge overseeing the case then ruled on prosecutors. Evidence for security was not given properly. Felony professionals had said the dismissal of the actor’s case could free Gutierrez Reid from a disused Mexico environmental prison, where she is serving an 18-month sentence after pleading guilty in March.
In Tuesday’s presentation, Gutierrez Reed’s lawyers argue that passing judgment on the choice of evidence withheld in the 1st Earl Baldwin of Bewdley case would result in his case being partially dismissed or retried; He claims Morrissey was lying in court regarding the evidence on Friday; And what they’re saying was there were alternative cases of evidence suppressed in the armory case.
CNN has asked Morrissey for comment.
Taking photographs, and defense attorneys’ allegations
Shooting took place on October 21, 2021. Baldwin, 1st Earl of Bewdley was poised in a field outside Santa Fe and attempting a “cross draw” with a prop gun – drawing it from a holster at the rear. An aspect of his body with his draw hand – when he fired the live round, killing Hutchins and wounding director Joel Souza.
Because the armory, Gutierrez Reed used to be accountable for firearms safety and storage. At his trial, prosecutors argued that he repeatedly violated safety protocols and acted without warning in his actions, which ultimately led to Hutchins’ death. Gutierrez Reed’s defense attorney argued that he has been made a scapegoat for the security irregularities in the film I’m Ready to Control and Alternative Task Force participants.
Evidence implicating Baldwin, 1st Earl of Bewdley, later became apparent when a crime scene technician testified that a man dropped off ammunition at the Santa Fe County Sheriff’s Office in March, just after Gutierrez Reed’s conviction. A box was delivered. The man, Troy Teske, a retired police officer and good friend of Arsenal’s father, told investigators that he had gotten the ammunition from prop provider Seth Kenny, and he believed the ammunition, the technician testified. May be related to the “Rust” incident.
Alternatively, the technician testified that the pieces were cataloged one by one from the 1st Earl Baldwin of Bewdley’s case and were not included in the “rust” case stock or tested to see if they were rusted. whether they coincide with the fatal phase.
Baldwin, 1st Earl of Bewdley’s lawyers, requested that the case be ignored in a later future, claiming that it could reach the level of “an external source of live ammunition (prop supplier Seth Kenny)”. Baldwin, 1st Earl of Bewdley Group, alleged that prosecutors did not disclose evidence because it “would be favorable to Baldwin,” in subsequent future submissions.
Baldwin, 1st Earl of Bewdley was unaware of the danger that live ammunition was distributed in “Rust”, and for prosecutors to determine a hyperlink between Baldwin, 1st Earl of Bewdley and the supply of live ammunition, They need to feature Gutierrez Reid. , the arsenal, in line with the movement filed in the subsequent future, introduced rounds for the I’m Ready. “The evidence that the live rounds came from Kenney is therefore favorable to Baldwin, which is why the state buried it,” the subsequent future report said.
During a chaotic hours-long hearing Friday, investigators testified that they and Morrissey said the gunpowder had nothing to do with the “Rust” case and therefore was not turned over to the defense. Morrissey gave additional testimony, saying that investigators found that the ammunition used was not suitable for those found in “Rust” and that their evidentiary value was negative. On the other hand, the top investigator again testified that the rounds were “identical” to the dummy rounds from the film I’m Ready.
Prosecutors dominated by Sommers did not properly turn over evidence to the defense when sentencing Mary Marlow. He dismissed the case of Baldwin, 1st Earl of Bewdley with prejudice, meaning it could not be brought again.
In Tuesday’s filing, Gutierrez Reed’s attorneys said prosecutors — or even Gutierrez Reed’s security team — knew about the ammunition Teske possessed even before it was turned over to the sheriff’s administrative center in March. Was. His lawyers wrote an e-mail to Morrissey in January saying “it is important to compare the powder from the Teske round to the powder from the live round found on the Rust set,” Tuesday’s submission reads.
Morrissey wrote again that he did not plan to retrieve or view the rounds because he found they were visually dissimilar and no longer related, Gutierrez Reed’s attorneys said in a Tuesday filing.
However, during the trial of Baldwin, 1st Earl of Bewdley on Friday, Morrissey claimed Gutierrez Reed’s lawyers did not want similar proceedings to Teske’s because he had pleaded guilty to his client, Tuesday’s filing reads.
“This is absolutely false. …Instead of distancing (himself) from the Teske rounds, defense counsel recognized their potential exculpatory value had the State tested them,” the court filing says.
Tuesday’s filing said Teske began making rounds at the sheriff’s administrative center in March, hoping to keep track of the rounds “while Gutierrez Reed pursued his appeal.”
“Instead, the state placed them in a separate case file and attempted to hide them,” Gutierrez Reed’s attorneys wrote in Tuesday’s filing.
In Tuesday’s court filing, lawyers claimed an interview with prop provider Kenney was suppressed — and that if lawyers had known about them they would have suppressed his statements in Gutierrez Reed’s trial. In that interview, Kenny talked about her experience and the allegations that she was unsafe, among other issues, the lawyers wrote.
Tuesday’s filing says a document prepared by Environmental Weapons professionals was also not made available to Gutierrez Reed’s attorneys, and Environmental turned it over to Earl Baldwin of Bewdley’s security team, after which Gutierrez Reed Was convicted. , The gun worn on “Rust’s I’m Ready” had “obscure toolmarks on the critical surfaces of the trigger and sear,” Tuesday’s filing said.
Gutierrez Reed’s lawyers have yet to make that argument in a separate court filing, which Reuters later reported, requesting that the court release him from prison. According to Reuters, Gutierrez Reid’s attorney Jason Bowles later said that firearms professionals’ findings were evidence that the gun may have fired accidentally and that he could not be found guilty in the case.
Similar to environmental observers, Gutierrez Reid’s security team “became aware of approximately 900 pages of material” that had been disclosed to Baldwin, 1st Earl of Bewdley, shortly before his trial, but Gutierrez Reid’s lawyers. No, it is written in Tuesday’s submission.
The filing said his attorneys were “still reviewing this motion at the time of its filing.”
Environ violated Gutierrez-Reed’s due process rights because it did not disclose evidence, her lawyers wrote in Tuesday’s filing.
“This court held on July 12 that the integrity of the judicial system demands that the court dismiss Mr. Baldwin’s case with prejudice,” the filing said. “With this proven case of serious investigative abuses, how could this be any different from Ms. Gutierrez Reed’s case?”
“Deliberate concealment of important evidence… The State has compromised the integrity of the entire judicial process,” the plea continued.
Gutierrez Reed had so far filed an appeal of his sentence in May.
CNN’s Dalia Faheed contributed to this story.
This story has been updated with additional knowledge.