‘Rust’ armourer challenges conviction after judge throws Alec Baldwin case out

In the wake of Alec Baldwin’s trial being thrown out, imprisoned armourer Hannah Gutierrez Reed is now fighting to have her own conviction overturned.

The armourer on Alec Baldwin movie “Rust” has filed to have her conviction for involuntary manslaughter overturned, days after the Hollywood star’s own trial over a fatal on-set shooting collapsed due to withheld evidence.

Baldwin was holding a revolver during a rehearsal for the low-budget Western movie in October 2021 when a live round was fired, killing cinematographer Halyna Hutchins and wounding the film’s director.

Hannah Gutierrez Reed, as the film’s armourer, was responsible for sourcing dummy and blank rounds for the movie set.

Hannah Gutierrez-Reed was convicted by a jury of involuntary manslaughter in the death of cinematographer Halyna Hutchins who was fatally shot by Alec Baldwin in 2021. Picture: Getty Images

She accidentally loaded the fatal gun with a live round - the origin of which has never been explained - and was sentenced earlier this year to 18 months in prison.

But during Baldwin’s separate trial in Santa Fe, New Mexico, last week, it emerged that police and prosecutors had suppressed potentially significant evidence that could have explained how live rounds ended up on set.

Bullets that had been handed to law enforcement earlier this year by a former police officer, which appeared to match the round that killed Hutchins, were never examined by the lead detective or shown to defense lawyers - meaning their origins remain unknown.

Baldwin’s case was immediately tossed by the judge, who said the “intentional and deliberate” withholding of evidence was “highly prejudicial to the defendant.”

Gutierrez was already in the process of appealing her conviction prior to the Baldwin trial.

Film and TV armourer and prop master Dutch Merrick (R) demonstrates how to use a gun safely. Picture: AFP

Her lawyers have now filed an expedited motion for a new trial or dismissal of charges due to “severe and ongoing discovery violations by the state.”

The motion said prosecutor Kari Morrissey “lied to this court several times” and was “in on the decision to hide the rounds.”

It also alleges Morrissey withheld further evidence relevant to Gutierrez’s case until after her trial, including an interview with a prop weapons supplier, and reports by state firearms experts.

“The intentional withholding of crucial evidence ... has compromised the integrity of the entire judicial process,” the motion said.

“Justice demands that Hannah Gutierrez Reed’s conviction be overturned immediately.”

BALDWIN BURSTS INTO TEARS AS JUDGE THROWS CASE OUT

Last week, a judge in New Mexico dismissed Baldwin’s case after finding that key evidence over a fatal shooting on the film set of Rust had been withheld from the defence.

Baldwin is accused of acting recklessly when he pointed a gun at cinematographer Halyna Hutchins during a rehearsal for a scene in the film.

“There is no way for the court to right this wrong,” Judge Mary Marlowe Sommer said, just three days into the trial.

“The sanction of dismissal is the only warranted remedy.”

Baldwin could be seen hugging his attorneys in relief, while his wife, visibly emotional, cried as the judge issued the ruling.

He was also supported by his younger brother and fellow actor Stephen Baldwin, 58, who is father to Hailey Bieber and father-in-law to Justin Bieber.

Ms Hutchins was killed, and film director Joel Souza injured, when the gun fired a live round on the set in October 2021.

Hilaria Baldwin embraces her husband Alec. Picture: Getty

At the end of January 2023, Baldwin and Rust armorer Hannah Gutierrez Reed were formally charged with involuntary manslaughter.

The evidence in question was over the live rounds of ammunition handed over to New Mexico police in March, following Gutierrez-Reed’s conviction.

Baldwin’s attorney Alex Spiro alleged the rounds were evidence that the bullet that killed Hutchins came from the movie’s prop supplier Seth Kenney, rather than the film’s armourer .

Kenney has denied supplying live ammunition to the production and has not been charged in the case. He had been expected to testify against Baldwin.

A witness confirmed to the judge that special prosecutor Kari Morrissey decided to file the evidence in a different case file, separate from the other Rust materials.

The defence brought forward evidence during the trial that they said the state had “buried” regarding the live ammunition and where it originated, and asked the judge to dismiss the case.

US actor Alec Baldwin has had charges dismissed over Rust shooting. Picture: AFP

Mr Spiro said a report of the interview was not included with the other Rust evidence nor shared with the lawyer of Gutierrez-Reed. Alexandria Hancock from the Santa Fe County Sheriff’s Office also testified that she and other officials decided to file the evidence separately from the other Rust materials in a completely different case file.

The dismissal was with prejudice, meaning the involuntary manslaughter case against the actor cannot be filed again.

Prosecutors allege Baldwin played a role in the death of Hutchins because he handled the gun irresponsibly.

Alec Baldwin’s lawyers said the actor was failed by Gutierrez and others responsible for safety on the set. Picture: AFP

His lawyers said Baldwin was failed by Gutierrez and others responsible for safety on the set, and that law enforcement agents were more interested in prosecuting their client than finding the source of a live round that killed Hutchins.

The development brings to a sudden end, at least temporarily, the lengthy criminal case against Baldwin over Halyna Hutchins’ death on the Rust movie set.

Attorney Luke Nikas embraces actor Alec Baldwin during his trial on involuntary manslaughter at Santa Fe County District Court. Picture: AFP

The tragedy occurred during a rehearsal in a small chapel on the Bonanza Creek Ranch, a historic location for Western movies, on a sunny afternoon mid-way through the filming of “Rust.”

Baldwin was preparing for a scene in which his character, a grizzled outlaw trapped in the church by two marshals, brandishes his Colt six-shooter.

ALEC BALDWIN WANTED ‘BIGGEST GUN AVAILABLE’

The court was told that Baldwin was accused of violating basic gun safety rules and playing “make believe” with a deadly weapon, as opening statements got underway during the Hollywood star’s trial for involuntary manslaughter.

Prosecutor Erlinda Ocampo Johnson painted a picture of a powerful movie star who acted in “a reckless manner” and “without due regard for the safety of others” on set.

Baldwin played “make believe with a real gun and violated the cardinal rules of firearm safety,” Johnson told the jury.

She said Baldwin had “requested to be assigned the biggest gun available” for the “Rust” scene, had failed to take a gun training session seriously, and regularly cocked and pointed the gun at people on set.

Alec Baldwin listens during his hearing at Santa Fe County District Court. Picture: Getty Images

Hilaria Baldwin listens during her husband actor Alec Baldwin’s trial. Picture: AFP

Actor Stephen Baldwin joined to support his brother. Picture: Getty Images

“Movie set safety rules require actors like the defendant to treat every firearm as though it’s loaded, to never point a firearm at another person, and to never put your finger on the trigger unless you’re prepared to shoot,” she told the jury.

Baldwin’s celebrity lawyer Alex Spiro - whose other clients include Elon Musk and Jay-Z - delivered a long opening statement rebutting the notion that normal gun safety rules apply for actors while performing roles.

“These cardinal rules? They’re not cardinal rules on a movie set,” said Spiro. “You’ve all seen gunfights in movies,” he told the jury, citing classics like “Platoon,” “Apocalypse Now” and “Butch Cassidy and the Sundance Kid.”

“The reason that can happen is because safety is ensured before the actor” is handed the weapon, he said.

Actor Alec Baldwin arrives for his trial. Picture: AFP

Spiro focused blame on the movie’s safety officials, including armourer Hannah Gutierrez and first assistant director David Halls.

Gutierrez was convicted by the same court earlier this year and is serving an 18-month sentence. Halls pleaded guilty to negligence, under a deal to avoid prison.

Live bullets are banned from movie sets. Spiro also criticised police for failing to find the fatal bullet.

Stephen Baldwin, the brother of Alec Baldwin, with Hilaria Baldwin in court. Picture: Getty Images

An earlier take of the scene was played on screens for jurors. Spiro repeated that Baldwin was told the gun “cold,” meaning it was not loaded, and that he was instructed by Hutchins to aim the revolver toward her camera when it misfired.

An FBI report has contradicted part of Baldwin’s story, concluding that the revolver could not have fired without its trigger being pulled.

Prosecutors will present witnesses including the gun’s manufacturer to support that finding.

But those FBI tests damaged the weapon. Spiro told jurors that Baldwin was robbed of a chance to disprove the report’s findings, even suggesting the damage was deliberate.

The jury will hear testimony from witnesses including Halls, and prop firearms supplier Seth Kenney.

Spiro has already warned jurors their feelings about Baldwin’s high-profile career -- including his Donald Trump impersonations for “Saturday Night Live” -- cannot cloud their judgments.