Actor Alec Baldwin, accused of fatally shooting cinematographer Halyna Hutchins, filed a motion Tuesday to remove special counsel Andrea Reeb from the case, citing New Mexico’s separation of powers statute.
The actor’s legal team argues that Reeb, a member of the New Mexico House of Representativesshould be barred from the prosecutor’s table because the state constitution provides that a «sitting member of the Legislature may not ‘exercise any power properly belonging’ to the executive or judicial branch,» according to a filing with the First District Court Judiciary of New Mexico.
«As 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. .
«Therefore, Representative Reeb is exercising either executive or judicial power, and her continued service as special prosecutor is unconstitutional.»
The actor, who has denied any wrongdoing in the on-set shooting, also said a politician could be susceptible to undue public pressure.
“A prosecutor who also serves as a legislator could face pressure to make procedural decisions that serve her legislative interests,” the filing says.
«And even if she does not allow her legislative interests to influence her prosecution choices, the perception of bias could diminish public confidence in the fairness of the criminal process.»
First Judicial District Attorney Mary Carmack-Altwies’ office mocked Baldwin’s filing, but did not directly address the actor’s claim.
«Mr. Baldwin and his attorneys can use whatever tactics they like to divert attention from the fact that Halyna Hutchins died due to gross negligence and reckless disregard for safety on the ‘Rust’ set,» his office said. it’s a statement.
«However, the prosecutor and special counsel will continue to focus on the evidence and on trying this case so that justice is done.»
reeb said CNN last month that his decisions as prosecutor were not influenced by politics.
«All are equal before the law. It doesn’t matter if he’s a liberal Democrat and I’m a conservative Republican,” she said. “My job has always been to prosecute crimes and hold defendants accountable and help victims. In this case it is not different”.
Baldwin’s attorney, Luke Nikas, called the charges against the actor a «terrible miscarriage.» Nikas previously said that they would fight the accusations and win.
«Mr. Baldwin had no reason to believe there was a live bullet in the gun, or in any part of the film set,» Nikas said in a statement. «He trusted the professionals he worked with.»
University of New Mexico law professor Joshua Kastenberg said Baldwin raises valid points in the separation of powers argument, but he doesn’t think Reeb will be removed.
The New Mexico House of Representatives is a part-time body, and Reeb’s appointment as special counsel is a special assignment with no inherent conflict of interest, Kastenberg said.
«The argument would be really strong if it was a case of political corruption and a member of the legislature was chosen to be a special prosecutor for a member of the legislature,» Kastenberg said. «But this is a unique case.»
New Mexico prosecutors last week charged Alec Baldwin and “Rust” gunsmith Hannah Gutierrez-Reed with manslaughter in the fatal shooting of Hutchins during the filming of “Rust” at Bonanza Creek Ranch in Santa Fe County, New Mexico.
Baldwin was rehearsing a gun for a scene on Oct. 21, 2021, when the gun fired, killing Hutchins and wounding director Joel Souza, authorities said.
Jason Bowles, Gutierrez-Reed’s attorney, has said his client should not have been charged because she did everything she could to improve safety standards on the movie set.
“Hannah pleaded to provide more firearms training,” Bowles said in a statement. “She was denied and pushed aside. Hannah asked to be able to perform more of her gunsmithing duties for safety reasons. Production told her to focus on the props.»