XPost: alt.fan.rush-limbaugh, alt.politics.democrats, alt.society.liberalism XPost: talk.politics.guns

Hannah Gutierrez-Reed, the armorer on the Alec Baldwin film “Rust,” will
remain in jail while her lawyers appeal her conviction in the death of
the film’s cinematographer.

A Santa Fe judge denied a defense request for release on Friday, and
refused to order a new trial in the case.

“Keep in mind there was a death that the jury determined was caused by
her,” said Judge Mary Marlowe Sommer. “So I am not releasing her.”

Gutierrez-Reed is scheduled to be sentenced on April 15, and faces up to
18 months in prison.

Gutierrez-Reed was convicted on March 6 of involuntary manslaughter
after a two-week trial. Prosecutors alleged that she inadvertently
brought live bullets onto the set — a major breach of film safety
protocols — and failed to properly check the rounds before loading one
of them into Baldwin’s gun.

Baldwin is scheduled to face his own involuntary manslaughter trial in
July for pointing the gun at the cinematographer, Halyna Hutchins, and, allegedly, pulling the trigger.

Gutierrez Reed was taken into custody following the jury’s verdict. A
week later, her lawyers filed an emergency motion for release, citing a
new ruling from the New Mexico Supreme Court in another case, State v.
Taylor. In that case, the court overturned a guilty verdict on the
grounds that the jury instructions were confusing.

The defense argued that the instructions in the Gutierrez Reed case were similarly confusing, and that the Taylor case made it nearly certain
that her conviction would be overturned. Prosecutors pushed back,
however, arguing that the two cases were dissimilar.

In the Taylor case, the jurors were asked to convict based on four
separate acts joined by an “and/or” clause. The Supreme Court warned
judges against using “and/or” in jury instructions, finding that it
created a potential for confusion. In the Gutierrez Reed case, however,
only two acts were separated by the “and/or” clause.

Marlowe Sommer agreed with the prosecution that the cases are
distinguishable.

“I am denying your motion,” she said. “I do not think that Taylor
requires a new trial in this case.”

She said she would issue a written order on Monday.

The court hearing was held remotely via Google Meet. Gutierrez Reed
appeared from the Santa Fe County Adult Detention Facility.

https://www.nbcnews.com/news/us-news/rust-armorer-stay-jail-judge-refuses -request-new-trial-fatal-shooting-rcna145649

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)