Alec Baldwin seeks disqualification of special prosecutor

  • Alec Baldwin’s legal professional has requested a choose to disqualify the prosecuting legal professional within the “Rust” case.
  • Attorneys argue that the prosecutor’s simultaneous position as a state legislator is unconstitutional.
  • Baldwin was charged with involuntary manslaughter within the dying of cinematographer Halina Hutchins.

An legal professional for Alec Baldwin has requested a choose to disqualify the special prosecutor in cost of the “Rust” case, saying he’s a state consultant, making his appointment “unconstitutional,” in accordance with court docket paperwork filed Tuesday. In response to and obtained by Insider.

Andrea Reeb, the special prosecutor main the involuntary manslaughter case in opposition to Baldwin, is a present member of the New Mexico Home of Representatives. according to the new mexico constitutionBaldwin’s legal professionals defined within the submitting {that a} state legislator can’t train powers within the judicial or government department and the legislative department on the similar time.

As a result of of that constitutional provision, Baldwin’s crew is arguing that Reib ought to be disqualified from the case as a result of she can’t function each a legislator and a prosecuting legal professional.

Baldwin’s attorneys mentioned in court docket, “As a special prosecutor, Representative Reeb is vested with ‘all the powers and duties’ of a district attorney, who is considered a member of the judicial or executive branch of the New Mexico government. ” submitting. “Rep. Reb is exercising either executive power or judicial power, and his continued service as a special prosecutor is unconstitutional. He should be disqualified.”

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A spokeswoman for the First Judicial District Legal professional’s workplace advised Insider on Tuesday that Baldwin “and his attorneys can use whatever tactics they want to distract from the fact that gross negligence and the ‘Rust’ movie But the reckless disregard for safety resulted in the death of Halina Hutchins. Fix.”

The spokeswoman, Heather Brewer, mentioned, “However, the district attorney and special prosecutor will remain focused on the evidence and on trying this case to ensure that justice is done.”

Baldwin’s legal professional has argued within the submitting that “allowing one person to exercise both legislative and prosecutorial power may hinder prosecutorial decision-making” as a result of the prosecutor could possibly be pressured to decide in that case. that may “serve his legislative interests.”

Reeb was the district legal professional for New Mexico’s Ninth Judicial District earlier than leaving the place final yr and operating for a seat within the state Home of Representatives.

After securing the Republican nomination in his race, it was introduced that Reib was being introduced on as a special prosecutor to steer the “Rust” investigation within the First Judicial District of New Mexico. Reeb gained a seat within the New Mexico Home and assumed his workplace on January 1. Lower than a month later, the DA for the First Judicial District filed involuntary manslaughter fees in opposition to Baldwin and Hannah Gutierrez-Reid, who had been armorers on set. For the dying of Halina Hutchins.

Baldwin was rehearsing a scene on the set of the Western movie “Rust” when a gun by chance shot Hutchins, the movie’s cinematographer, in October 2021. An accident by state investigators.

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Each Baldwin and Gutierrez-Reid might resist 5 years in jail if convicted of probably the most severe of the 2 homicide fees filed in opposition to them.

Baldwin says he didn’t know there was a reside spherical within the weapon and didn’t pull the set off. however a FBI report discovered {that a} firearm couldn’t be fired with out the set off engaged.

Early stories of the tragic accident centered on Gutierrez-Reid, who was a newcomer to the trade, and had been the supply of complaints on the earlier movie’s set. Gutierrez-Reid filed a lawsuit final yr in opposition to one of the movie’s prop suppliers, alleging they despatched reside rounds combined with dummy rounds onto the set. The proprietor of the prop firm has denied that declare.

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