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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.
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Texas Attorney General Ken Paxton has agreed to pay nearly $300,000 in restitution, take legal ethics classes, and complete 100 hours of community service as part of a deal to avoid a jury trial in his securities fraud case.
Paxton, a Republican, was indicted in 2015 on three felony charges that he had mislead investors, including failing to disclose he was profiting on investments he urged people to make. He reportedly pleaded not guilty.
If Paxton completes the terms of the pretrial deal, prosecutors will dismiss the charges in 18 months.
“There was no admission of guilt,” Paxton lawyer Dan Cogdell told reporters after the deal was announced in court Tuesday, reiterating Paxton’s innocence. “But we’re glad to have this behind us.”
Pressed on why Paxton was willing to pay the significant sum if he was innocent, Cogdell said jury trials are unpredictable.
“It’s cheaper than what he’d have to pay me if we went to trial,” Cogdell said. “There’s no guarantee when you go in front of a trial, any trial lawyer will tell you that.”
Paxton has been dogged by corruption allegations for nearly a decade, even as he has enjoyed a flourishing political career. Last year, he was impeached on corruption allegations by members of his own party in the Texas House of Representatives. He stood trial in the Texas Senate, but was acquitted and returned to his office.
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