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Alec Baldwin's Attorneys Move To Disqualify Special Prosecutor In His Involuntary Manslaughter Case
Alec Baldwin's attorneys believe it is "unconstitutional" for Andrea Reeb to serve as the special prosecutor in his case since she is also an acting member of the New Mexico House of Representatives.
Alec Baldwin’s attorneys have filed a motion to disqualify a “Rust” special prosecutor, more than a week after the actor was charged with involuntary manslaughter in the death of cinematographer Halyna Hutchins.
Andrea Reeb was formally appointed to serve as the special prosecutor in the case against Baldwin in January, but his legal team has argued the appointment is “unconstitutional” because of her existing role as a member of the New Mexico House of Representatives, according to the motion obtained by Oxygen.com.
Baldwin’s attorneys have argued that the New Mexico constitution dictates that any sitting member of the legislature may not “exercise any powers” given to either the executive or judicial branch.
As a special prosecutor, Reeb would be given “all the powers and duties” of a district attorney, therefore violating the law, they argued.
“Ms. Reeb’s continued service as a special prosecutor in this case is unconstitutional,” his attorneys wrote. “The legal question is not a close one. She must be disqualified.”
Baldwin and the film’s armorer Hannah Gutierrez-Reed are facing the involuntary manslaughter charges after prosecutors concluded there was a “criminal disregard for safety” on the set of the western, resulting in Hutchins’ death.
The cinematographer was killed during a rehearsal on the set of the movie on Oct. 21, 2021 when an antique revolver Baldwin was holding discharged and struck her in the chest. The same bullet lodged into the shoulder of director Joel Souza, who had been standing behind her at the time.
Souza survived and has been named as a possible witness for the prosecution at an upcoming preliminary hearing, according to court records obtained by Oxygen.com.
Prosecutors listed 43 other potential witnesses including chief electrician Serge Svetnoy, who witnessed the shooting and later sued Baldwin and others for “severe emotional distress,” and camera assistant Lane Luper, who quit the film hours before the deadly shooting over concerns about pay and safety on the set.
In October, Baldwin reached a settlement in a wrongful death lawsuit filed by the cinematographer’s husband Matthew Hutchins.
After the settlement was reached and Matthew Hutchins was named as a producer on the movie, it was announced that “Rust” was expected to resume filming.
Melina Spadone, an attorney representing Rust Movie Productions LLC, confirmed to Oxygen.com last month that Baldwin would remain in the lead role as production resumes in the months ahead.
The exact timeline of when filming could begin was not clear, although it is no longer expected to be shot in New Mexico.
As of Thursday, it appears that the legal woes for the actor could be mounting.
Gloria Allred, an attorney representing Hutchins’ parents and sister, told ABC’s “Good Morning America” that their part of the family plans to file a lawsuit against Baldwin and the film.
Allred was expected to hold a press conference to formally announce the lawsuit at 2:30 p.m. ET on Thursday.
Baldwin has continued to insist that he never pulled the trigger of the revolver and believed it was a “cold gun” at the time, a term used in the industry to refer to a weapon without live ammunition.
It is unknown how live ammunition got onto the set.
Last month, Baldwin’s attorney Luke Nikas called the decision to charge the actor a “terrible miscarriage of justice.”
"Mr. Baldwin had no reason to believe there was a live bullet in the gun — or anywhere on the movie set,” he said in a statement obtained by Oxygen.com. “He relied on the professionals with whom he worked, who assured him the gun did not have live rounds. We will fight these charges, and we will win."
