A New Mexico judge will weigh whether to dismiss the case against “Rust” armorer Hannah Gutierrez, who was convicted of involuntary manslaughter in the fatal shooting of cinematographer Halyna Hutchins, after dismissing the case against Alec Baldwin for evidence suppression.
Judge Mary Marlowe Sommer heard arguments during a virtual hearing Thursday on a defense motion seeking a new trial or dismissal of Gutierrez’s case.
Her attorneys argued in the filing that she is entitled to a new trial or dismissal of the case for “egregious prosecutorial misconduct” and “severe and ongoing discovery violations by the State.”
Marlowe Sommer dismissed Baldwin’s case with prejudice on day three of the actor’s July trial after his attorneys claimed live ammunition that came into the hands of local law enforcement related to the investigation into the deadly on-set shooting was “concealed” from them.
The judge said in court on July 12 while issuing her ruling that the state’s discovery violation regarding the late disclosure of a supplemental report on the ammunition evidence “injected needless delay into the proceedings,” approached “bad faith” and was “highly prejudicial to the defendant.”
During Thursday’s hearing, defense attorney Jason Bowles said the “significance of the items that were suppressed were favorable and material” to Gutierrez.
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Author: Faith N
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