Actor Alec Baldwin, who’s accused of fatally shooting cinematographer Halyna Hutchins, filed a motion Tuesday to remove special prosecutor Andrea Reeb from the case, citing New Mexico’s separation-of-powers statute.
Baldwin’s legal team argues that Reeb, a member of the New Mexico House of Representatives, should be barred from the prosecutor’s table because the state constitution says a “sitting member of the Legislature may not ‘exercise any powers properly belonging’ to either the executive or judicial branch,” according to a filing with the First Judicial District Court of New Mexico.
“As a special prosecutor, Representative Reeb is vested by statute with ‘all the powers and duties’ of a district attorney, who is considered to be a member of either the judicial or executive branch of the New Mexico government,” according to Baldwin’s defense.
“Representative Reeb is therefore exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional.”
Baldwin, who has denied any wrongdoing in the on-set shooting, also said a politician could be susceptible to undue public pressure.
“A prosecutor who also serves as a legislator could face pressure to make prosecutorial decisions that serve her legislative interests,” the filing says.
“And even if she does not allow her legislative interests to influence her prosecutorial choices, the perception of bias could diminish public confidence in the fairness of the criminal process.”
The office of First Judicial District Attorney Mary Carmack-Altwies scoffed at Baldwin’s filing — but didn’t directly address his claim.
“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,” her office said in a statement.
“However, the district attorney and the special prosecutor will remain focused on the evidence and on…
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