Alec Baldwin Files To Remove Special Prosecutor From ‘Rust’ Case

Actor Alec Baldwin is trying to get special prosecutor Andrea Reeb thrown off the case.

Both the “30 Rock” actor and “Rust” armorer Hannah Gutierrez-Reed have been charged with two counts of involuntary manslaughter in the death of cinematographer Halyna Hutchins. With a court date looming later this month, lawyers representing Baldwin want Reeb removed from the case.

 On Tuesday, February 7, attorneys for Baldwin filed a motion to disqualify special prosecutor Andrea Reeb, as per CNN. The documents, which were filed in the First Judicial Court of New Mexico, state that Reeb’s involvement in the case is “unconstitutional” under New Mexico law due to her position in the House of Representatives.

The filing states: “The special prosecutor in this case, Andrea Reeb, is a member of the New Mexico House of Representatives. Under Section 1 of Article III of the New Mexico Constitution, however, a sitting member of the Legislature may not ‘exercise any powers properly belonging’ to either the executive or judicial branch.”

A statement from Baldwin’s attorney Luke Nikas, as reported by Deadline, says that “Ms. Reeb’s continued service as a special prosecutor in this case is unconstitutional.” Nikas added, “The legal question is not a close one. She must be disqualified.”

This news comes only one day after first assistant director David Halls was added to the witness list, which already contains over forty individuals. David Halls pled guilty to the charge of the negligent use of a weapon and has a plea conference scheduled for early March.

As per Deadline, Santa Fe District Attorney Mary Carmack-Altwies has spared no expense in compiling an expansive list of individuals from the “Rust” crew to testify against Alec Baldwin and Hannah Gutierrez-Reed. Some of these individuals include director Joel Souza, script supervisor Maime Mitchell, armorer mentor Seth Kenney, and prop master Sarah Zachry, among others.

The DA’s witness list also includes FBI forensics examiners and members of the Bureau’s Explosives Unit, who took part in the investigation. Former “Rust” camera assistant Lane Luper  and gaffer Serge Svetnoy, who have both been outspoken following Hutchins' death, are also on the witness list.

Less than a month after the shooting, in an ABC News exclusive, former “Rust” first camera assistant Lane Luper spoke out about the gun safety concerns that he experienced on set. Those issues led to him resigning from his position right before the fatal shooting.

During the interview, Luper explained the various conditions that led him to quit. “Well, what I put in my resignation letter was lax COVID policies, the housing situation driving to and from Albuquerque, and specifically gun safety, a lack of rehearsal, a lack of preparing the crew for what we were doing that day,” he said.

When he was asked about what safety meetings took place, Luper said, “I personally only remember two safety meetings that took place with the entire crew.”

Although “Rust” producers have accused Luper of “using this tragedy for personal gain,” Luper insisted that he was “sticking his neck out” by coming forward with his story, saying, “I don’t want to be on camera.”

In an Instagram post around the same time as the interview, Alec Baldwin shared a screenshot from “Rust” costume designer Terese Magpale Davis. “I’m so sick of this narrative. I worked on this movie. The story being spun of us being overworked and surrounded by unsafe, chaotic conditions is bulls---,” Davis wrote.

Davis claimed that the crew never worked more than 12.5 hours. “The day Halyna died we had come off of a 12 hour turnaround after an 11 hour shoot day,” she wrote, claiming that they had “just had a 56 hour weekend right before that.”

In addition to claiming that “no one was too tired to do their jobs,” Davis also insisted that “The camera crew HAD hotels. They just didn’t feel like they were fancy enough. NOT that they were unsafe. You can’t tell me that 6 big men felt so unsafe in their hotel [rooms] but were fine sleeping in their cars in parking lots (which never happened) like they also claimed.”

Alec Baldwin and Hannah Gutierrez-Reed could face up to five years in prison if convicted.