Alec Baldwin asks to have special prosecutor removed from ‘Rust’ case


The actor claims that New Mexico law bars Andrea Reeb from her seat. At the prosecutor’s table because she is also an elected member of the state legislature.
Actor Alec Baldwin, who is accused of killing cinematographer Halina Hutchins. Filed a motion Tuesday to remove special prosecutor Andrea Reeb from the case. Citing New Mexico’s separation-of-powers law.

Alec Baldwin asks to have special prosecutor removed from 'Rust' case

Baldwin’s legal team argues that Ribbe, a member. Of the New Mexico House of Representatives. Should be barred from the prosecutor’s table because the state constitution states. That “a sitting member of the legislature. ‘Must not properly exercise any power’ of the executive or executive branch. The judicial branch,” New Mexico According. To a filing in First Judicial District Court.

“As a special prosecutor, Representative Reeb is vested by. Law with ‘all the powers and duties’ of a district attorney. Who is considered a member of the judicial. Or executive branch of New Mexico government,” according to Baldwin’s defense. .

“Representative Reeb is thus exercising executive power or judicial power and his continued. Service as special prosecutor is unconstitutional.” Baldwin, who has denied any wrongdoing in the on-set shooting, also said. That a politician can be susceptible to undue public pressure.

“A prosecutor who also serves as a legislator. May face pressure to make prosecutorial decisions in his. Or her legislative interests,” the filing said.

“And even if he does not allow his legislative interests. To influence his prosecutorial choices. The perception of bias can undermine public confidence in the fairness. of the criminal process.”

First Judicial District Attorney Mary Carmack-Oltwiss’ office scoffed at Baldwin’s filing. But did not directly address her claims.

“Mr. Baldwin and his attorneys will use any tactic to distract from the fact that Halina Hutchins. Died due to a reckless disregard for safety on the film set of ‘Rust,'” his office said in a statement.

“Yet, the district attorney and special prosecutor will focus on the evidence.

“Everybody is equal under the law. It doesn’t matter if he’s a liberal Democrat and I’m a conservative Republican.” He said, “My job has always been to prosecute crimes and hold the accused accountable and help the victims. This case is no different.” Baldwin’s attorney Luke Nikas called the charges a “horrific miscarriage of justice.” Nikas has before said the defense will fight the charges and win.

“Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set,” Nikas said. “He relied on the professionals he worked with.”

University of New Mexico law professor Joshua Kastenberg. Said Baldwin raises valid points in the separation.

The State House is a part-time agency. And Reb’s appointment as special prosecutor is a special assignment. With no inherent conflict of interest, Kastenberg said.

“The argument would be really strong. If it was a political corruption case and a member of the legislature was picked. As the special prosecutor over a member of the legislature,” Kastenberg said. “But it’s kind of a case.”

New Mexico prosecutors have charged Baldwin and “Rust” armourer Hannah Gutierrez-Reid with. Involuntary manslaughter in the fatal shooting of Hutchins. Last week while filming “Rust” at 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 injuring director Joel Souza, officials said.

Because he did everything possible to increase security standards on the film set.

“Hannah requested more firearms training,” Bowles said in a statement. “He was rejected and pushed aside. Hannah asked to be able to perform more of her armorer duties for security reasons.

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