SANTA FE, N.M. (KRQE) – Friday, Judge Mary Marlowe Sommer denied Hannah Gutierrez request for a new trial.
Early in March, a jury found Hannah Gutierrez guilty of involuntary manslaughter for her role in the death of cinematographer Halyna Hutchins on the set of ‘Rust.’ Her attorney filed a motion seeking a new trial, saying the jury instructions included two alternative theories with the words “and/or” in between. Her attorney argued two Portales daycare workers received a new sentence in their case for the same reason. Prosecutors argued the Portales case used more than two alternatives, making it more complicated.
The judge sided with the prosecution, denying the new trial request. The judge also denied a request to release Gutierrez from custody as she appeals her case. Gutierrez faces up to 18 months behind bars.
