A judge has upheld an involuntary manslaughter conviction against a movie armorer in the fatal shooting of a cinematographer by Alec Baldwin.
Armorer Hannah Gutierrez-Reed asked a New Mexico court to dismiss her conviction or convene a new trial, alleging that prosecutors failed to share evidence that could have cleared her over the shooting on the set of the Western film Rust.
But Judge Mary Marlowe Sommer in her written order noted that Gutierrez-Reeds attorneys did not establish that there was a reasonable possibility that the outcome of the trial would have been different had the evidence been available to her.
The judge also rejected a request from Gutierrez-Reed that she be released from custody, saying it was moot because the request for a new trial was denied.
Marlow Sommer halted and ended Baldwins trial in July based on misconduct of police and prosecutors and their withholding evidence from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set outside Santa Fe.
A judge has upheld an involuntary manslaughter conviction against a movie armorer Hannah Gutierrez-Reed (centre) in the fatal shooting of a cinematographer by Alec Baldwin
The Rust film sets armorer Hannah Gutierrez-Reed poses for mugshot after being convicted of involuntary manslaughter
Cinematographer Halyna Hutchins died after being hit by a bullet from the prop gun that Baldwin was handling on the Rust film set in October 2021
Baldwin, the lead actor and co-producer for Rust, was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe when the revolver went off, killing Hutchins and wounding director Joel Souza.
A jury convicted Gutierrez-Reed of involuntary manslaughter in March in a trial overseen by Marlowe Sommer, who later sentenced her to the maximum 18-months.
Gutierrez-Reed has an appeal of the conviction pending in a higher court. Jurors acquitted her of allegations she tampered with evidence in the Rust investigation.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of Rust and for failing to follow basic gun safety protocols.
Evidence that Gutierrez-Reeds attorneys said prosecutors failed to share included a report by a firearms expert about the functionality of the gun that Baldwin used, ammunition that was later turned in to authorities and an interview with Rust ammunition supplier Seth Kenney.
Defense attorneys did not immediately respond Monday to an email requesting comment on the judges decision.
Gutierrez-Reed has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited.
A proposed plea agreement is awaiting court review.
Gutierrez-Reed is currently serving her sentence at the Santa Fe County Adult Detention Facility.
Baldwin, seen here outside the Santa Fe County Sheriffs offices on the day of the shooting, was had the charges against him brought twice
This aerial photo shows the movie set of "Rust," at Bonanza Creek Ranch, October 23, 2021
Alec Baldwin broke down in tears and hugged his wife Hilaria as his involuntary manslaughter case was sensationally dismissed in July
Baldwin, meanwhile, saw his involuntary manslaughter case dismissed in July.
The judge at the court in Santa Fe, New Mexico, said at the time that there had been errors by the prosecution in the handling of evidence, which she said impacted the fundamental fairness of the case.
The decision came after a day-long hearing without the jury present over bullets that should have been in evidence, which Baldwins lawyers claimed were concealed from them and buried in another case file.
The issue had upended the trial for Baldwin who pleaded not guilty to two counts of involuntary manslaughter as he was accused of negligence.