Alec Baldwin tries to challenge the prosecutor who is investigating him over the death of Halyna Hutchins

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The legal team of Alec Baldwin is making his first big move after the actor was indicted on two counts of manslaughter in the fatal shooting that claimed the life of the cinematographer Halyna Hutchins during the filming of the film Rust.

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According to court documents the site had access to Canadian show, Baldwin asks the court to remove Andrea Reeb as special prosecutor in the case. The argument of the objection request is that Reeb is currently a representative of the New Mexico House of Representatives.

Baldwin’s lawyers argue that Reeb, a Republican representative, cannot hold the title of state legislator and special prosecutor because the separation of powers provision in the state constitution prohibits her from holding either office.

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Alec Baldwin leaves his home, having learned of the prosecution's indictment.  Reuters photo

Alec Baldwin leaves his home, having learned of the prosecution’s indictment. Reuters photo

“If they did, they would grant the same person two central powers—legislating and prosecuting—from different branches,” the motion says, “something that is prohibited under Article III of the New Mexico constitution.”

The objection filed by the plaintiff’s legal team also explains that, should Reeb be cleared, “future district attorneys could try to curry favor with lawmakers who control their budgets by assigning them high-profile cases” and this would lead to ” distort the legislative process”.

“At the same time, allowing a single person to exercise both legislative and judicial power could taint the decision-making process of the prosecution,” they argue.

A musician plays a violin behind a photograph of Halyna Hutchins at a wake for her in Albuquerque, New Mexico.  AP Photo

A musician plays a violin behind a photograph of Halyna Hutchins at a wake for her in Albuquerque, New Mexico. AP Photo

“A prosecutor who also serves as a legislator could be pressured to make judicial decisions that serve his legislative interests, such as prosecuting a prominent defendant associated with an opposing faction within the legislature, even in the face of conflicting evidence or laws,” they say.

Prosecution’s reply

Reeb was appointed prosecutor in the case last year by Mary Carmack-Altwies, attorney general for the Santa Fe judicial district. Some time later, more precisely in November, you were elected to the state House of Representatives.

In response to the motion, the Judicial District Attorney’s Office issued a statement to the specialized site Variety calling the filing an effort to divert attention from the allegations against Baldwin.

Baldwin, on the set of "Rust," where a gun in hand killed the film

Baldwin, on the set of “Rust,” where a gun in hand killed the film’s cinematographer. photo by AFP

“Mr. Baldwin and his lawyers can use any tactic they like to divert attention from the fact that Halyna Hutchins died as a result of gross negligence and reckless disregard for safety on the set of the film by Rust”, reads the press release. “However, the District Attorney and Special Counsel will remain focused on the evidence and trial of this case so that justice is served.”

On Tuesday, Alec Baldwin was indicted for manslaughter in the shooting that killed Hutchins on the set of the cowboy movie Rust. The actor was holding the .45 Colt revolver during rehearsals for the production in October 2021, when it exploded, seriously injuring Hutchins, who died soon after.

The film’s weapons manager, Hannah Gutierrez-Reed, was also indicted in the same case and under the same cover-up. The prosecution will ask the defendants to appear in court within a month. That’s why Baldwin is estimated to appear in court in early March.

Source: Clarin

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