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Rust gunsmith denied retrial and remains in jail after Alec Baldwin trial is overturned

Rust gunsmith denied retrial and remains in jail after Alec Baldwin trial is overturned
Rust gunsmith denied retrial and remains in jail after Alec Baldwin trial is overturned

A New Mexico judge on Monday upheld the manslaughter conviction of Hannah Gutierrez-Reed for her role in the death of the film’s cinematographer Rustwho was shot by actor Alec Baldwin.

The armorer Rust Alec Baldwin’s western whose filming was marred by the death of a member of the crew, does not have the right to a new trial, according to a decision rendered Monday by an American court. On the set of the film, in October 2021 in New Mexico, the actor brandished a weapon supposed to contain only blank bullets but which had fired a very real projectile. The shooting killed cinematographer Halyna Hutchins and injured director Joel Souza.

Hannah Gutierrez-Reed was responsible for weapons and ammunition on set. In April, she was sentenced to 18 months in prison for accidentally loading the actor’s pistol with a real bullet. But his defense demanded a new trial, arguing that the prosecution had not sent him certain documents, in particular a controversial batch of bullets. A request rejected by a New Mexico judge.

The inclusion of these parts would not have “gave rise to a different verdict” for the armorer, she estimated in her decision. With this request, Ms. Gutierrez-Reed’s defense hoped to reproduce the strategy of Alec Baldwin’s lawyers. They obtained the spectacular annulment of the star’s trial in July, because the prosecution had not sent them this batch of bullets linked to the case.

The gunsmith continues to appeal

This ammunition was believed to match the bullet that killed Halyna Hutchins. Enough to potentially explain how live bullets, absolutely prohibited on film sets, ended up on the set of Rust.

In the case of the actor, the judge considered that the prosecution had been guilty of withholding evidence, and had criticized behavior “close to bad faith”which violated the rights of the defense.

But this reasoning does not apply to the gunsmith, according to the court. Because the bullets in question were handed over to the authorities by a former police officer, who is a friend of Ms. Gutierrez-Reed’s father, and had informed his lawyer of their existence.

These munitions “were available” of the defense of Ms. Gutierrez-Reed “before and during the trial”recalled the judge. The gunsmith’s lawyers also argued that the prosecution had retained other important elements: an interview with the arms supplier of Rust and an additional expert report on the gun at the heart of the tragedy.

But the judge also ruled that it would not have changed the verdict for Ms. Gutierrez-Reed. The gunsmith continues to appeal her conviction, citing other grounds in separate proceedings. For its part, the prosecution appealed the cancellation of Alec Baldwin’s trial.

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