The Magistrate is set to evaluate the request for release by the 'Rust' ammunition supplier, following the dissolution of the proceedings against Alec Baldwin.
Lawyers for gun handler Hannah Gutierrez Reed submitted a petition in July requesting a retrial or dismissal of charges, referring to "outstandingly unethical prosecutorial conduct" and repeated accusations of serious and persistent discovery violations by the authorities.
Gutierrez Reed's legal team petitioned the court to revoke her imprisonment and remove Kari Morrissey from her position as special prosecutor due to her discovered misconduct and the infractions committed in Gutierrez Reed's particular case.
In response, prosecutors asked the court to reject their request for immediate release, stating it was premature.
This comes nearly three years after cinematographer Halyna Hutchins, age 42, was fatally shot by a live bullet discharged from a prop gun possessed by actor Alec Baldwin on the set of a western film on October 21, 2021. The film's director also sustained injuries in the incident.
The on-set fatality of Hutchins marked the first such tragedy since the 1993 incident involving actor Brandon Lee on the set of "The Crow," sparking intense curiosity about how live rounds ended up on set and whether Baldwin had breached firearm safety regulations.
As the responsible firearm handler on the film set, Gutierrez Reed was convicted of involuntary manslaughter in March and was currently serving a 18-month prison sentence for her part in Hutchins' demise.
During her trial, prosecutors asserted that she had repeatedly breached safety guidelines and neglected her duties, permitting six live rounds onto the set. On the other hand, her defense lawyer argued that she was made a scapegoat for the liability of film set administration and other crew members in regards to safety issues.
Baldwin was also indicted with involuntary manslaughter, pleading not guilty. At his trial in July, the prosecution accused him of violating the fundamental guidelines of firearm safety by directing the prop gun at Hutchins and pulling the trigger, but his defense claimed responsibility rested with the film's armorer and first assistant director, who allegedly permitted a real bullet to be inserted into Baldwin's prop gun.
However, just days into his trial, Judge Mary Marlowe Sommer discharged the charges and ruled that the prosecution had not adequately shared evidence with the defense. She deemed the concealment of evidence as "deliberate and intentional" and dismissed the case inconclusively, meaning it could not be reintroduced.
Baldwin's legal team had contended that investigators had not sufficiently divulged that a man had presented investigators with a box of ammunition supposedly associated with the case. This allegation led to the trial's derailment and an unusual scenario in which the special prosecutor agreed to testify as a witness and respond to questions under oath from defense attorney Alex Spiro.
Meanwhile, assistant film director David Halls accepted a plea deal in 2023 for his involvement in the incident. He pleaded no contest to a single count of negligent handling of a lethal weapon and was sentenced to six months of unsupervised probation.
CNN's Cheri Mossburg and Cindy Von Quednow contributed to this report.
Gutierrez Reed's legal team argued that their client was not solely responsible for the tragedy and requested a dismissal or retrial, citing the importance of focusing on the Entertainment industry's responsibility in enforcing firearm safety regulations.
Following her conviction, Gutierrez Reed expressed interest in advocating for stricter regulations and improved Entertainment industry safety standards to prevent future incidents.
