Alec Baldwin has requested the removal of the special prosecutor handling his involuntary manslaughter case. In a recent filing, Baldwin argues that Andrea Reeb’s position as a Republican representative in the New Mexico House of Representatives makes her appointment “unconstitutional.” One legal expert has noted that Baldwin’s argument may have merit.
In the motion filed by his attorney, Luke Nikas, the actor claims that the issue is not a close one and that Reeb must be disqualified. The filing outlines a constitutional argument and does not allege that politics played a role in the decision to file criminal charges against Baldwin.
According to the document obtained by Yahoo Entertainment, the motion cites Section 1 of Article III of the New Mexico Constitution, which states that a sitting member of the legislature cannot exercise powers belonging to the executive or judicial branch. The document goes on to explain that as a special prosecutor, Reeb has been vested with the powers and duties of a district attorney, who is considered a member of either the judicial or executive branch. Thus, Reeb’s continued service as a special prosecutor is deemed unconstitutional.
Reeb was appointed by the District Attorney to the case and has previously accused Baldwin, armorer Hannah Gutierrez-Reed, and first assistant director, David Halls, of being responsible for the death of Rust cinematographer, Halyna Hutchins. Reeb stated last month that if any one of the three had fulfilled their duties, Hutchins would still be alive. She emphasized that there is no room for film sets in New Mexico that don’t take gun safety and public safety seriously.
The New Mexico First Judicial District Attorney’s office considers Baldwin’s latest motion a mere distraction. The office’s spokesperson, Heather Brewer, tells Yahoo that Baldwin and his attorneys are using tactics to divert attention from the fact that Halyna Hutchins died due to more than just negligence on the Rust film set. Brewer emphasizes that the district attorney and the special prosecutor will remain focused on the evidence and will work to ensure that justice is served.
On the other hand, criminal defense attorney Michel Huff believes Baldwin’s motion has a good chance of being granted. He explains to Yahoo that the separation of powers is a cornerstone of democracy and the New Mexico Constitution prohibits individuals from serving in more than one branch of government. Huff adds that allowing a sitting legislator to act as a prosecutor, enforcing the laws they passed, would be an unconstitutional violation of the separation of powers. Although this issue has not been addressed by a New Mexico court, Huff notes that other states have found similar circumstances to be unconstitutional and expects the court to side with Baldwin.
Baldwin is facing two counts of involuntary manslaughter and could face up to five years in prison if found guilty of the most serious offense.
Lawyers for the actor Alec Baldwin filed a motion seeking to disqualify the special prosecutor who was part of the team that brought involuntary manslaughter charges against him for the fatal shooting of the cinematographer on the “Rust” movie set. https://t.co/emSWwHVWIc
— New York Times Arts (@nytimesarts) February 7, 2023