SANTA FE — Defense attorneys for actor Alec Baldwin are seeking to disqualify the special prosecutor in the case against him stemming from the fatal shooting of a cinematographer on a New Mexico film set.
In a motion filed Tuesday in District Court in Santa Fe, Baldwin’s legal team said Andrea Reeb’s position as a state lawmaker prohibits her under state law from holding any authority in a judicial capacity.
Reeb is “exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional,” Baldwin’s team argued in the motion.
Reeb, a Clovis Republican, was elected to the state House of Representatives in November and started her term last month.
The office of Santa Fe District Attorney Mary Carmack-Altwies dismissed the idea that Reeb would be disqualified. In a statement, the office characterized the motion as nothing but a legal diversion.
“Mr. Baldwin and his attorneys can use whatever tactics they want to distract from the fact that Halyna Hutchins died because of gross negligence and a reckless disregard for safety on the ‘Rust’ film set,” the office wrote in the statement.
Baldwin and film-set weapons supervisor Hannah Gutierrez-Reed are scheduled to make their first court appearance by video conference in late-February. Both have been charged with involuntary manslaughter.
Hutchins died shortly after being wounded during rehearsals at a ranch on the outskirts of Santa Fe on Oct. 21, 2021. Baldwin was pointing a pistol at Hutchins when the gun went off, killing her and wounding the director, Joel Souza.
A manslaughter charge can be brought if a defendant killed while doing something lawful, but dangerous, and was acting negligently or without caution.
