Hannah Gutierrez-Reed, up to now the one individual convicted in connection to the dying of Rust cinematographer Halyna Hutchins, has been denied in her movement for a brand new trial or dismissal for discovery violations. The violations in query check with the revelations in Alec Bladwin’s trial, a case which was dismissed “with prejudice” as a result of prosecution withholding proof. In her resolution, Decide Mary Marlowe said that “Defendant has not established that there’s a affordable chance that, had the proof been accessible to Defendant, the proof would have produced a unique verdict.”
Baldwin was let off the hook in July when it got here to gentle that Troy Teske, an affiliate of Gutierrez-Reed’s stepfather (Thell Reed, additionally an armorer), turned in rounds of ammunition that allegedly got here from the Rust set to the Santa Fe County Sheriff’s Workplace. Whereas prosecutors within the Rust case had been alerted to the brand new proof, the rounds had been cataloged individually from the remainder of the Rust proof and Baldwin’s authorized workforce was not knowledgeable. Sommer dominated that the dealing with of the proof constituted a Brady violation.
Gutierrez-Reed’s authorized workforce was clearly hoping the dismissal of the Baldwin case would offer a gap for her, however Sommer’s newest ruling signifies Gutierrez-Reed’s scenario could be very totally different from Baldwin’s. Sommer says within the courtroom docs filed right this moment that “Mr. Troy Teske and the ammunition in his possession had been accessible to Defendant, and but Defendant opted to not name Mr. Teske as a witness or search to introduce the ammunition throughout her trial.” Additional, Teske apparently didn’t flip over the ammunition till after Gutierrez-Reed’s conviction, that means that there was no Brady violation relevant to Gutierrez-Reed’s case. With reference to different proof cited in Gutierrez-Reed’s enchantment, Sommer writes that “Defendant has not established that this proof undermines confidence within the verdict when contemplating the importance of this proof in relation to the report as a complete.”
In response to Decide Sommer’s denial, Gutierrez-Reed’s legal professional Jason Bowles merely advised NBC Information “We are going to enchantment.” A separate enchantment for her conviction is already pending in greater courtroom.
