Actor Alec Baldwin just scored a big legal win as “Rust” special prosecutor Andrea Reeb stepped down from the case on Tuesday.
Both the “30 Rock” actor and “Rust” armorer Hannah Gutierrez-Reed are facing two counts of involuntary manslaughter, which could result in up to eighteen months in prison and a $5,000 fine.
‘Rust’ Special Prosecutor Steps Down To ‘Ensure Justice’ For Halyna Hutchins
On Tuesday night, Deadline was among the first to report that Andrea Reeb was stepping down from her position as special prosecutor in the “Rust” case, which is pursuing justice for fatally shot “Rust” cinematographer Halyna Hutchins.
Less than two weeks after Baldwin’s legal time filed a motion to disqualify the special prosecutor, Reeb stepped down herself. The office of New Mexico First Judicial District Attorney, Mary Carmack-Altwies, released a statement on her behalf.
“After much reflection, I have made the difficult decision to step down as special prosecutor in the Rust case,” the statement read. “My priority in this case — and in every case I’ve prosecuted in my 25-year career — has been justice for the victim.”
“However, it has become clear that the best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins.”
“I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand,” the statement concluded. On Tuesday, the court papers regarding Reeb’s resignation were officially filed in a New Mexico state court.
It remains to be seen if a new special prosecutor will be appointed to the “Rust” case.
‘Rust’ Schedule Set, Witness List Due On April 17
Alec Baldwin requested and was granted a waiver from appearing at last week’s virtual hearing, which set the schedule for the “Rust” trial. On March 27, the court was scheduled to reconvene to hear Baldwin’s motion to disqualify Andrea Reeb. Now that she has stepped down from the case, it seems likely that the next deadline is April 17.
Baldwin’s legal team has been arguing that the prosecution needs to finalize its witness list, which has been amended five times now. “So we can make sure Mr. Baldwin has a fair opportunity to prepare for this, that the state identify the actual subset of witnesses that they intend to call,” Baldwin’s attorney, Alex Spiro, said at the hearing.
“That will also allow us to notify and subpoena the necessary witnesses that we need, that they’re not calling or that we need to answer some of these allegations,” he added. Judge Mary Marlow Sommer agreed and ordered the D.A. to finalize the witness list by April 17.
In early May, the “Rust” preliminary trial will begin to see if there is enough evidence to charge both Alec Baldwin and “Rust” armorer Hannah Gutierrez-Reed with the death of Halyna Hutchins. However, there have been noted concerns about the state of the gun used in the fatal shooting.
Questions About The ‘Rust’ Gun Surface During Hearing
There are several questions about the 1880s prop gun used in the shooting, with attorney Alex Spiro alleging that the gun had been “destroyed” at the last hearing, as previously reported by The Blast.
“The court, I don’t think is aware of this point, but I think I should tell the court that the firearm in this case, that’s a great subject of it, was destroyed by the state,” Spiro claimed. “So, that’s obviously an issue and we’re going to need to see that firearm, or what’s left of it.”
Although the court didn’t address it during the hearing, New Mexico First Judicial District Attorney spokesperson Heather Brewer did release a statement later that night to say that the gun could still be admitted as evidence.
“The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state,” Brewer told Deadline last Thursday. “The gun is in evidence and is available for the defense to review.”
“The defense’s unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI’s July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI’s functionality testing,” Brewer added. “However, the gun still exists and can be used as evidence.”
