A.P. SANTA FE, N.M. Actor Alec Baldwin’s legal team is attempting to have the special prosecutor removed from the case against him for the fatal shooting of a cinematographer on a New Mexico film set.
Baldwin’s legal team claimed in a petition submitted to a district court in Santa Fe on Tuesday that Andrea Reeb cannot serve as a judge since she is an elected official in New Mexico.
Baldwin’s team said in the motion that Reeb is “exercising either the executive authority or the judicial power, and her continuing employment as a special prosecutor is illegal.”
The Republican Reeb took office in the state legislature last month after being elected in November.
Reeb’s potential disqualification was scoffed at by the office of Santa Fe District Attorney Mary Carmack-Altwies. The agency said in a statement that the appeal was a “legal distraction” and nothing more.
In a statement, the office said, “Mr. Baldwin and his lawyers may employ whatever techniques they choose to detract from the reality that Halyna Hutchins died due of egregious carelessness and a willful disregard for safety on the ‘Rust’ film set.”
Late in February, Baldwin and Hannah Gutierrez-Reed, the weapons supervisor on set, will make their first court appearance via video conference. They’ve both been accused with involuntary manslaughter.
While practicing at a ranch outside of Santa Fe on October 21, 2021, Hutchins was shot and later died from his wounds. Baldwin had Hutchins in his sights when the gun went off, fatally injuring director Joel Souza and killing Hutchins.
If the defendant was doing something legal, but risky, and did not use reasonable care or caution, he or she might be charged with manslaughter.
