Alec Baldwin poses with gun and ammo in newly released Rust rehearsal video

Alec Baldwin Objects To Hannah Gutierrez-Reed's Immunity To Testify In 'Rust' Trial

Home / Exclusive / Alec Baldwin Objects To Hannah Gutierrez-Reed's Immunity To Testify In 'Rust' Trial

By Kristin Myers on June 10, 2024 at 5:00 PM EDT

Actor Alec Baldwin has been charged with involuntary manslaughter in connection with the October 2021 shooting of "Rust" cinematographer Halyna Hutchins.

Earlier this year, armorer Hannah Gutierrez-Reed was sentenced to the state maximum of 18 months behind bars after a jury spent less than three hours finding her guilty of the same charge.

In court documents obtained by The Blast, Alec Baldwin's legal team opposed a motion to grant Hannah Gutierrez-Reed immunity when testifying in his "Rust" trial.

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Alec Baldwin Does NOT Want 'Rust' Hannah Gutierrez-Reed To Have Immunity When Testifying

Alec Baldwin sits down with police for interview following Rust shooting
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In court documents obtained by The Blast, Alec Baldwin's legal team has objected to a motion presented by the State of New Mexico that would grant Hannah Gutierrez-Reed immunity if she were to testify during his trial in July.

"The State's late-filed motion for use immunity to secure live testimony from Hannah Gutierrez-Reed should be denied," the filing states. "The testimony the State purports to seek is contained in Gutierrez-Reed's prior statements the State has had for years."

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"If the State felt it needed a grant of use immunity in this matter, it should have filed this motion when it first learned Gutierrez-Reed intended to assert her Fifth Amendment privilege," Baldwin's legal team argued. "The State did not do so and all parties continued to prepare for trial on the understanding that Gutierrez-Reed would be unavailable at trial."

"The late addition of Gutierrez-Reed to the State's witness list to provide open-ended, unspecified testimony at this late date is unjustified and prejudicial," the statement concludes, adding, "The motion should be denied."

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'Rust' Armorer Hannah Gutierrez-Reed Wants To See Alec Baldwin 'In Jail'

Hannah Gutierrez-Reed poses for mugshot after being convicted of involuntary manslaughter in 'Rust' shooting trial
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According to court documents filed by lead prosecutor Kari T. Morrissey in April, Hannah Gutierrez-Reed said that she wants to see Alec Baldwin "in jail" in phone calls that were recorded from prison. The revelation was made in a court document that outlined the prosecution's objection to her request for a conditional discharge.

Although the court documents did not contain transcripts of the family members, they did contain summaries of the calls, in the words of the prosecution. Her phone calls had been used during a sentencing hearing, in which she was accused of displaying a "total failure to accept responsibility" for putting live ammunition in the firearm that was handed to Baldwin on set in October 2021.

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Hannah Gutierrez-Reed Used Foul Language To Describe The Jury

Hannah Gutierrez-Reed, the armourer on the set of Alec Baldwin movie Rust, where cinematographer Halyna Hutchins was shot dead, appears in police bodycam footage taken shortly after the fatal shooting in October 2021. She can be seen talking to police and can be heard telling an officer: “I just f****d up my whole entire career.” Bodycam footage captured on the New Mexico set shows Gutierrez-Reed sitting in the back of a police car before being escorted to a toilet by a female officer. The footage begins with Gutierrez-Reed answering a different officer’s questions. Gutierrez-Reed - who was in charge of weapons and ammunition on the set - first confirmed her place of work before responding to a question about her job title. When asked by a cop: “What’s your place of employment?” she responded, “Here”. The officer then asked: “What’s your job?” to which Gutierrez-Reed replied, “I’m the armourer, or at least I was.” Shortly afterwards, a female cop approaches the car Gutierrez-Reed is sitting in, saying: “Hi, you need to use the restroom?” Gutierrez-Reed confirms that she does, and the pair start walking across the film’s set towards the toilets. Gutierrez-Reed can be heard saying: “Welcome to the worst day of my life”, before adding: “I can’t believe Alec Baldwin was holding the gun, that’s so f****d.” Once in the bathroom, Gutierrez-Reed states: “I just want to get the f**k out of here and never show my face in this industry again. “I'm the only female armourer in the game and I just f****d up my whole entire career." She later refers to herself as a "f*****g failure." Files related to the ongoing investigation were released by Santa Fe County Sheriff's Office earlier this week. 27 Apr 2022 Pictured: Hannah Gutierrez-Reed, the armourer on the set of movie Rust, seen in police bodycam footage. Photo credit: Santa Fe County Sheriff/MEGA TheMegaAgency.com +1 888 505 6342 (Mega Agency TagID: MEGA851773_010.jpg) [Photo via Mega Agency]
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During separate conversations recorded from prison, Hannah Gutierrez-Reed used foul language to refer to the jurors who found them guilty. She called them "a--holes" and even reportedly called Morrissey a "b-tch." The documents state that the "Rust" armorer is reportedly "mad that the whole thing got pinned on her."

According to one reported phone call, "Hannah wants them to put Alec Baldwin in jail also" while maintaining that "Hannah says that if she is subpoenaed to Baldwin's trial she will not show up."

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In response to the summary of the phone calls, Hannah Gutierrez-Reed's lawyer Jason Bowles told People magazine, "It’s really unfair to characterize or cherry-pick comments someone may or may not have made while they were upset and very recently incarcerated. But, many aspects of this prosecution have displayed no concern for fairness in favor of a win-at-all-costs attitude."

Hannah Gutierrez-Reed Has Invoked Her Fifth Amendment Privilege

Armourer Hannah Gutierrez-Reed seen after fatal Rust shooting
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Although Alec Baldwin's lawyers have added Hannah Gutierrez-Reed to their witness list, the former armorer invoked her Fifth Amendment privilege at a pretrial interview held on May 14. She invoked the Fifth Amendment in order to avoid incriminating herself as she awaits her appeal. However, prosecutors have asked the court to grant her "use immunity," which means that anything she says will not be held against her.

As The Blast previously reported, the prosecutors warned the court that if Gutierrez-Reed “is not granted use immunity the defendant will likely attempt to have her previous statements admitted," and went on to note, "This requires the defendant to demonstrate that Ms. Gutierrez is unavailable due to the assertion of her Fifth Amendment privilege.”

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Prior Police Interviews Can Still Be Used During Alec Baldwin's Trial

Alec Baldwin sits down with police for interview following Rust shooting
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Even if Hannah Gutierrez-Reed does not take the witness stand, Alec Baldwin's lawyers can still play clips of her interview with police during their initial investigation immediately after the shooting. Still, as The Blast previously reported, lawyers representing the "30 Rock" actor are trying to get the case thrown out of court before it starts in July. In a recent filing from June 6, Baldwin's legal team argued that the gun had been destroyed during FBI testing and therefore the case should be dropped due to the destruction of evidence.

“Defendant Alec Baldwin now has no ability to examine or test the gun in its original state to disprove the government’s theory that he pulled the trigger on the day of the accident,” the statement continues, noting that “Alec Baldwin repeatedly told investigators that he had not pulled the trigger and the gun just ‘went off.’” Baldwin first declared that he did not pull the trigger on the firearm in an ABC News interview that took place in December 2021, less than two months after the accidental shooting.

If convicted of involuntary manslaughter, Alec Baldwin faces 18 months in prison, which could interfere with his plans to start a reality show featuring him, his wife Hilaria Baldwin, and their seven children. His trial is scheduled to begin on July 10.

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