Alec Baldwin asks to have particular prosecutor faraway from ‘Rust’ case

Actor Alec Baldwin, who’s accused of fatally taking pictures cinematographer Halyna Hutchins, filed a movement Tuesday to take away particular prosecutor Andrea Reeb from the case, citing New Mexico’s separation-of-powers statute.

Baldwin’s authorized staff argues that Reeb, a member of the New Mexico Home of Representatives, ought to be barred from the prosecutor’s desk as a result of the state structure says a “sitting member of the Legislature might not ‘train any powers correctly belonging’ to both the chief or judicial department,” in response to a submitting with the First Judicial District Courtroom of New Mexico.

“As a particular prosecutor, Consultant Reeb is vested by statute with ‘all of the powers and duties’ of a district legal professional, who is taken into account to be a member of both the judicial or govt department of the New Mexico authorities,” in response to Baldwin’s protection.

“Consultant Reeb is subsequently exercising both the chief energy or the judicial energy, and her continued service as a particular prosecutor is unconstitutional.”

Baldwin, who has denied any wrongdoing within the on-set taking pictures, additionally stated a politician may very well be prone to undue public stress.

“A prosecutor who additionally serves as a legislator may face stress to make prosecutorial choices that serve her legislative pursuits,” the submitting says.

“And even when she doesn’t permit her legislative pursuits to affect her prosecutorial decisions, the notion of bias may diminish public confidence in the equity of the legal course of.”

The workplace of First Judicial District Legal professional Mary Carmack-Altwies scoffed at Baldwin’s submitting — however did not immediately tackle his declare.

“Mr. Baldwin and his attorneys can use no matter techniques they need to distract from the truth that Halyna Hutchins died due to gross negligence and a reckless disregard for security on the ‘Rust’ movie set,” her workplace stated in a press release.

“Nevertheless, the district legal professional and the particular prosecutor will stay targeted on the proof and on making an attempt this case in order that justice is served.”

Reeb informed CNN final month that her choices as a prosecutor weren’t influenced by politics.

“All people’s equal below the legislation. It doesn’t matter if he’s a liberal Democrat and I’m a conservative Republican,” she stated. “My job has at all times been to prosecute crimes and maintain defendants accountable and assist victims. On this case it’s no completely different.”

Baldwin legal professional Luke Nikas has referred to as the costs a “horrible miscarriage of justice.” Nikas has beforehand stated the protection would struggle the accusations and win.

“Mr. Baldwin had no purpose to consider there was a dwell bullet within the gun — or anyplace on the film set,” Nikas has stated. “He relied on the professionals with whom he labored.”

College of New Mexico legislation professor Joshua Kastenberg stated that Baldwin raises legitimate factors within the separation-of-powers argument however that he would not consider Reeb can be eliminated.

The state Home is a part-time physique, and Reeb’s appointment as a particular prosecutor is a particular task with no inherent battle of curiosity, Kastenberg stated.

“The argument could be actually robust if this was a political corruption case and a member of the Legislature had been picked to be particular prosecutors on a member of the Legislature,” Kastenberg stated. “However that is type of a one-off case.”

New Mexico prosecutors final week charged Baldwin and “Rust” armorer Hannah Gutierrez-Reed with involuntary manslaughter within the deadly taking pictures of Hutchins throughout filming for “Rust” on the Bonanza Creek Ranch in Santa Fe County.

Baldwin was rehearsing with a pistol for a scene on Oct. 21, 2021, when the gun went off, killing Hutchins and wounding director Joel Souza, officers stated.

Jason Bowles, a lawyer for Gutierrez-Reed, has stated his shopper shouldn’t have been charged as a result of she did the whole lot potential to boost security requirements on the movie’s set.