The judge denied Hannah Gutierrez’s request for a new trial

SANTA FE, NM (KRQY) – On Friday, Judge Mary Marlow Sommer denied Hannah Gutierrez’s request for a new trial.

In early March, a jury convicted Hannah Gutierrez of involuntary manslaughter for her role in the death of photographer Halina Hutchins on the set of ‘Rust.’ His attorney filed a motion for a new trial, saying the jury instructions included two alternative theories with the words “and/or.” His attorney argued that the two Portales daycare workers received new sentences in their cases for similar reasons. Prosecutors argued that the Portals case used more than two options, making it more complicated.

The judge sided with the prosecution, denying the motion for a new trial. The judge also denied a request to release Gutierrez from custody as he pleads his case. Gutierrez faces up to 18 months in prison.

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