“Rust” gunsmith denied retrial after Alec Baldwin’s was canceled

The gunsmith from “Rust,” the western by Alec Baldwin 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 a American court.

• Also read: Prosecutor challenges mistrial of Alec Baldwin

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 prosecutor 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 “resulted in a different verdict” for the gunsmith, she said in her decision.

With this request, the defense of M^me Gutierrez-Reed hoped to replicate the strategy of Alec Baldwin’s lawyers. They obtained the spectacular cancellation of the star’s trial in July, because the Crown had not sent them this batch of bullets linked to the case.

This ammunition was supposed to correspond to the bullet which killed M^me Hutchins. Enough to potentially explain how live bullets, absolutely prohibited on set, ended up on the set of “Rust”.

In the case of the actor, the judge considered that the Crown was 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 M’s father^me Gutierrez-Reed, and had informed his lawyer of their existence.

These munitions “were at the disposal” of the defense of M^me Gutierrez-Reed “before and during the trial,” recalled the judge.

The gunsmith’s lawyers also argued that the prosecutor had withheld other important elements: an interview with “Rust’s” weapons supplier and an additional expert report on the gun at the heart of the tragedy.

But the judge also ruled that this would not have changed the verdict for M^me Gutierrez-Reed.

The gunsmith continues to appeal her conviction, citing other grounds in separate proceedings.

For his part, the prosecutor appealed the cancellation of Alec Baldwin’s trial.