FILE - This aerial photo shows the movie set of "Rust," at Bonanza Creek Ranch, Oct. 23, 2021, in Santa Fe, N.M. A New Mexico judge is considering an array of restrictions on evidence, testimony and arguments ahead of a trial for Alec Baldwin. The Monday, July 8, 2024, pretrial hearing sets the stage for Baldwin to appear in court this week on a single charge of involuntary manslaughter in the death of a cinematographer. (AP Photo/Jae C. Hong, File)

SANTA FE, N.M. (AP) — A movie armorer has asked a judge to dismiss her involuntary manslaughter conviction or convene a new trial in the shooting death of a cinematographer by actor Alec Baldwin, alleging suppression of evidence and misconduct by the prosecution.

In a court filing Tuesday, defense counsel for armorer Hannah Gutierrez-Reed argued her case should be reconsidered because prosecutors failed to share evidence that might have been exculpatory.

Judge Mary Marlowe Sommer last week brought Baldwin's trial to a sudden and stunning end based on misconduct of police and prosecutors over the withholding of evidence from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film “Rust.”

“This court stated on July 12 that the integrity of the judicial system demanded that the court dismiss Mr. Baldwin’s case with prejudice," said defense attorney Jason Bowles in the new court filing. "How can it be any different with Ms. Gutierrez-Reed’s case, with this proven litany of serious discovery abuses?”

Kari Morrissey — lead prosecutor in both the Baldwin and Gutierrez-Reed cases — said her written response would be filed in court next week, declining further comment.

The case-ending evidence at Baldwin's trial was ammunition that was brought into the sheriff’s office in March by a man who said it could be related to Hutchins’ killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin’s lawyers alleged they “buried” it and filed a motion to dismiss the case.

Gutierrez-Reed was convicted by a jury in March in a trial overseen by Judge Marlowe Sommer, who later assigned the maximum 18-month penalty. Gutierrez-Reed already has an appeal pending in a higher court on the involuntary manslaughter conviction.

Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of “Rust,” where it was expressly prohibited, and for failing to follow basic gun safety protocols.

She was acquitted at trial of allegations she tampered with evidence in the “Rust” investigation. She also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited.

Baldwin, the lead actor and co-producer for “Rust,” was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza.

News from © The Associated Press, 2024