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.
Alec Baldwin Wants ‘Rust’ Special Prosecutor Tossed Off Case
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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.”
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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.
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.