New Mexico
New Mexico judge to weigh whether 'Rust' armorer Hannah Gutierrez should be freed
One month after dismissing Alec Baldwin’s involuntary manslaughter charges in the deadly “Rust” shooting, a New Mexico judge has indicated she will consider whether weapons handler Hannah Gutierrez also should be set free — or given a new trial.
After a two-week trial, Gutierrez was convicted in March of involuntary manslaughter in the death of cinematographer Halyna Hutchins.
Gutierrez has acknowledged loading the gun that day. Prosecutors contend she brought the live bullets with her to the “Rust” movie set near Santa Fe, N.M., in October 2021 — an allegation that Gutierrez has consistently denied.
The prosecution has been in turmoil since Baldwin’s case collapsed in July amid revelations that Santa Fe County Sheriff’s deputies and a special prosecutor had withheld potential evidence from the actor-producer’s lawyers.
The admission — which came on the third day of the actor’s high-profile trial in Santa Fe — stunned the judge and New Mexico’s legal community.
New Mexico First Judicial District Judge Mary Marlowe Sommer was furious with deputies and the special prosecutor, Kari T. Morrissey, for allegedly withholding possible evidence that could have been helpful to Baldwin’s case.
A retired police officer from Arizona had turned over cartridges to deputies in March, saying they might match the fatal bullet in the “Rust” shooting that killed cinematographer Hutchins.
But deputies assigned the bag of evidence a different case number than that used for “Rust” shooting evidence, making it impossible for Baldwin’s team to find the bullets as they sifted through the sheriff’s files and boxes of evidence to prepare for the actor’s trial.
After the case against Baldwin was dismissed, Gutierrez’s Albuquerque lawyer, Jason Bowles, filed a motion to get Gutierrez released from the New Mexico women’s prison, where she is currently serving an 18-month sentence for the felony conviction.
In a motion, Bowles argued that Morrissey — who was the special prosecutor for Gutierrez’s case — also withheld evidence in advance of the Gutierrez trial, including a recorded interview with weapons provider Seth Kenney, who was a key prosecution witness. Bowles asked for a new trial or dismissal of Gutierrez’s case due to alleged “severe and ongoing discovery violations by the state.”
“There can be no legitimate debate that the state violated Ms. Gutierrez‘s due process rights,” Bowles wrote, asking the judge to “order a new trial or dismissal of the case for egregious prosecutorial misconduct. The Court should also order Ms. Gutierrez’s release.”
On Tuesday, Marlowe Sommer scheduled a Sept. 27 hearing to decide whether Gutierrez should be released or given a new trial.
Morrissey has denied the allegations of misconduct and has opposed the motion for a new trial.
She noted that Bowles was aware of the ammunition cartridges provided to deputies in March, the disputed evidence in the Baldwin case.
The former police officer, Troy Teske, who brought the bullets to New Mexico, is a close friend of Gutierrez’s father, Hollywood gun handler Thell Reed. Morrissey has said the bullets were not relevant because they were in Arizona, not New Mexico, at the time of the “Rust” shooting.
Teske was in Santa Fe in March in case he was called as a defense witness. But Bowles did not call Teske to testify.
ALBUQUERQUE, N.M. – A local business owner estimates he suffered about $1 million in damages as the result of yet another fire at a South Valley recycling plant.
Town Recycling on Broadway Blvd. SE has witnessed two fires in a span of less than two weeks with the first happening May 23rd and the second occurring Tuesday of this week.
Khalil Samaha, who owns Samcar, Inc. and Cedar’s Construction next door, says his businesses escaped without serious damage from the first fire, but the second one led to the loss of his main building, inventory he sells including trucks, construction equipment, computers, records, and much more.
“It’s a total mess. Everything is on the ground with water and insulation. It’s a total loss,” he said.
He gave KOB 4 a tour of his damaged property Wednesday and says that county officials have condemned the main office and won’t let him back inside.
“You can see all the glass is popped,” he said pointing to the windows. “I don’t know if the firefighters broke them or they exploded.”
A spokesperson for Bernalillo County Fire and Rescue issued a statement saying that, based on witness accounts, both fires may have started in a “bale of cardboard” at the recycling facility.
As of Wednesday evening, Broadway between Prosperity and Rio Bravo remained closed.
Samaha says firefighters attempted to battle the second fire from a different area than the first and the wind may have made conditions tougher.
“This time, the wind didn’t help,” he said. “So, it was blowing in my direction and took the building and some equipment in the back.”
Having seen two fires at the neighboring recycling facility in a span of about 11 days, he wonders if this will finally be the end of it.
“I hope it’s the last time. But, worried? Yes, we are worried,” he said. “We are close to them, and the materials are close to the fence. We share the fence together, so it’s always in the back of your mind.”
And now he lives with the memory of how quickly everything can change – just like it did earlier this week.
“It was very quick. From the smoke to the flame to the fire, it was very, very quick.”
A representative of Town Recycling declined our request for an interview.
LAS VEGAS, N.M. – New Mexico Highlands University President Niel Woolf has sued the school, claiming leaders pushed him to redirect a $600,000 contract to a chairman’s friend.
Woolf filed the lawsuit after the university placed him on administrative leave at the beginning of May.
He says Board of Regents Chair Frank Sanchez told him to cancel a $600,000 agreement with an out-of-state contractor and give it to a local contractor.
Woolf says that company is led by a friend of both Sanchez and his brother-in-law, Sen. Pete Campos, who represents Las Vegas.
In the lawsuit, Woolf says Sanchez told him directing the funds to his friend would “go a long way towards securing money for the University from Senator Campos,” said Woolf.
Woolf is seeking damages and attorney’s fees under the New Mexico Whistleblower Protection Act.
CHAMA, N.M. – The Cumbres & Toltec Scenic Railroad will begin its summer season on Tuesday, June 9, after the railroad delayed its opening due to drought and wildfire danger.
The season was initially set to begin on May 23. The Cumbres & Toltec Scenic Railroad Commission said it would conduct a review on June 2 to determine if it was safe enough to begin operations.
“A sincere thank you to all our passengers and the communities in Chama and Antonito who have been so patient as we waited for conditions to improve,” said Eric Mason, CEO of the Cumbres & Toltec Scenic Railroad. “We are excited to welcome guests back aboard and hear the opening whistle signal the start of another memorable season.”
The railroad will hold a Grand Opening Celebration on Saturday, June 13, in Chama. The celebration will coincide with Chama Western Heritage Days, a community festival that weekend with live music, vendors, and rodeo competitions.
The railroad recently won USA TODAY’S poll for the best scenic train ride in the country. In celebration of the win, the railroad said passengers who book by June 7 ca receive a 25% discount on coach tickets for trips through August. Guests must redeem the offer by calling the railroad at 888-286-2737 using promo code USATODAY#1.
Tickets are also available for the first Dark Sky Train departures on June 12 from Chama and June 13 from Antonito. The dark sky trains include evening excursions led by international dark sky guides, and take passengers to secluded spots with minimal light pollution.
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