‘Rust’ Armorer Hannah Gutierrez-Reed May Face Risk Of 'Physical Harm' From Public Disclosure Of Phone Records
By Kristin Myers on February 22, 2024 at 8:00 AM EST
Armorer Hannah Gutierrez-Reed is finally going to be judged by a jury of her peers following the shooting on the set of the Western film "Rust" in October 2021.
Although the trial was originally scheduled for December 2023, it was postponed to February 2024 reportedly due to conflicting schedules with certain witnesses. It is unlikely that the trial was postponed due to the criminal charges that were refiled against Alec Baldwin in January 2024, as he is not expected to be called as a witness in this case.
Hannah Gutierrez-Reed and Alec Baldwin were both charged with two counts of involuntary manslaughter in connection with the death of “Rust” cinematographer Halyna Hutchins in October 2021. The charges were dropped against Baldwin in April 2023 pending further investigation and refiled in January 2024.
In the summer of 2023, Hannah Gutierrez-Reed was charged with tampering with evidence after prosecutors alleged that she transferred cocaine to another person on the day that Hutchins was killed, thus interfering with the police investigation. The rookie armorer has pleaded not guilty to all charges.
‘Rust’ Armorer Hannah Gutierrez-Reed's Phone Records Won't Be Publicized Due To 'Substantial Risk' Of 'Physical Harm'
According to the court documents obtained by The Blast, the court notes that “there is a substantial risk” of “physical harm, intimidation, [and] unnecessary annoyance of embarrassment that will result from the public disclosure of the content of” Hannah Guterriez-Reed’s “cellular phone contained within the forensic download that was conducted in the course of the investigation.”
The court documents go on to say that “good cause exists and justice requires a protective order prohibiting the public release of the contents contained within” her cell phone “retrieved via the forensic download of her cellular device.”
Although some portions of her cell phone will not be disclosed to the public, “this protective order does not supersede or overrule the Court’s previous ruling regarding the admissibility of potentially relevant portions” of her cell phone during the trial. In other words, prosecutors may present text messages if they feel that it is relevant to their case.
On Wednesday, February 21, 2024, a jury of 12 people was selected along with four alternates. Of the 12 jurors, 7 are male and 5 are female. The 4 alternates are all male. The jury is expected to appear on Thursday, February 22, 2024, when opening statements will begin.
‘Rust’ Armorer’s Text Messages Will Be Admitted As Evidence In Trial
On Wednesday, February 14, 2024, New Mexico Judge Mary Marlowe Sommer ruled that prosecutors could use text messages that Hannah Gutierrez-Reed sent while she was not on set to prove their case. According to the Rolling Stone, on October 20, 2021 – the night before Halyna Hutchins was killed – she sent a text message that said, “I might go smoke in the jacuzzi soon” and another that read, “Headed down to get high out back.”
Prosecutors have also alleged that they found a witness who will testify that Hannah Gutierrez-Reed gave them a small bag with a white substance – which has been reported to have been cocaine – hours after she was questioned by Santa Fe sheriff’s deputies. Although her alleged drug use will be tied to a charge of evidence tampering, her responsibilities on set will be front and center in the trial.
According to the Rolling Stone, prosecutor Kari Morrissey argued in court that Hannah Gutierrez-Reed was the one who brought live rounds onto a movie set, adding, “She loaded one of them into a gun. It was then manipulated by an actor and very foreseeably, someone died.” Morrissey went on to say:
“She was taken to the police station to give a statement. After she got back from giving her statement, she took what appeared — and what our witness would testify — was a bag of cocaine, handed it to her, and said, ‘Hang onto this for me’ because she was under police investigation.”
During their investigation, law enforcement officials did not find any evidence of drugs on set. Crew members were also not tested for drugs or alcohol when they were brought in for questioning, according to the L.A. Times. The publication also reported that prosecutors planned on alleging that Hannah Gutierrez-Reed was hungover when she showed up to work on the day Halyna Hutchins was killed.
Hannah Gutierrez-Reed's Lawyers Worry Drug Allegations Could Prejudice A Jury
However, at Wednesday’s virtual pre-trial hearing, one of Gutierrez-Reed’s attorneys, Todd Bullion, argued that the state does not actually have any physical evidence to claim that the rookie armorer was impaired on the day of the shooting. He also claimed that any reference to her drug use could be used to prejudice a potential jury.
“They have no evidence whether that actually happened,” Bullion argued, as per the L.A. Times. “They have no evidence as to how much cocaine would have been consumed or how it would have affected Ms. Gutierrez-Reed or her mental perception or acuity.”
Instead, her defense team plans to claim that Halyna Hutchins’ unfortunate passing was actually a result of pressure from the production team to finish the movie as quickly as possible. According to the L.A. Times, Gutierrez-Reed sent an email to producers asking for more time to train Baldwin on weapons. However, her request was reportedly denied by the production manager.
If convicted, Hannah Gutierrez-Reed could face up to 18 months behind bars.
