Wed, 8 February 2023

Alec Baldwin wants 'Rust' prosecutor dismissed as she's a Republican lawmaker: 'Unconstitutional'

Alec Baldwin wants the special prosecutor in his involuntary manslaughter case removed. In Tuesday's new filing, the actor claims Andrea Reeb's status as a Republican lawmaker in the New Mexico House of Representatives is "unconstitutional" — and one legal expert says he has a point. Baldwin was formally charged last week in the fatal shooting of Rust cinematographer, Halyna Hutchins.

"The question is not a close one," the motion declares. "She must be disqualified."

According to the filing obtained by Yahoo Entertainment, Baldwin — who is known for his liberal views — avoided claiming politics are at play behind the decision to file criminal charges. The motion to disqualify, filed by his attorney Luke Nikas, lays out a constitutional argument.

"Under Section 1 of Article III of the New Mexico Constitution, however, a sitting member of the Legislature may not 'exercise any powers properly belonging' to either the executive or judicial branch," the document reads. "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... Representative Reeb is therefore exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional."

Reeb, who was appointed by the District Attorney to the case, previously said Baldwin, Rust armorer Hannah Gutierrez-Reed and first assistant director, David Halls are responsible for Hutchins's death.

“If any one of these three people... had done their job, Halyna Hutchins would be alive today. It's that simple," she declared last month. "The evidence clearly shows a pattern of criminal disregard for safety on the Rust film set. In New Mexico, there is no room for film sets that don’t take our state’s commitment to gun safety and public safety seriously."

The New Mexico First Judicial District Attorney calls Baldwin's new motion a distraction.

"Mr. Baldwin and his attorneys can use whatever tactics they want to distract from the fact that Halyna Hutchins died because of more than mere negligence on the Rust film set. However, the district attorney and the special prosecutor will remain focused on the evidence and on trying this case so that justice is served," spokesperson, Heather Brewer, tells Yahoo.

However, high-powered criminal defense attorney Michel Huff thinks Baldwin's motion may be granted.

"Because separation of powers is one of the bedrocks of our democracy, the New Mexico Constitution expressly forbids an individual from serving in more than one branch of government," he explains to Yahoo.

"As Baldwin argues, allowing a sitting legislator to also act as a prosecutor, essentially enforcing the very laws which she passed, would be an unconstitutional violation of this separation of powers," Huff continues. "Thus, while this is an issue that has not previously been addressed by a New Mexico court, other states have found a constitutional violation under similar circumstances, and I would expect the Court to side with Baldwin on this issue."

Baldwin is charged with two counts of involuntary manslaughter. He faces up to five years behind bars if he's found guilty of the most serious offense.

https://au.news.yahoo.com/alec-baldwin-rust-prosecutor-dismissed-republican-lawmaker-220403964.html

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I think it hilaria(ous) that AB is now citing the Constitution in his defense. He says the imposition of the ‘gun enhancement’ provision of the state law under which he is being charged is unconstitutional.

That’s rich beyond words. However, he does have a point. The ‘enhancement’ provision was not signed into law until after he killed somebody with a gun.

Can you imagine what a couple of days in gen pop would be like for him?

"Hey! Hollywood! Why don't you come on by my cell and act like my beotch?"

That could be, flatty. However AB while in genpop, after killing somebody and proclaiming he was railroaded, would fit right in.

‘Yeah, I hear ya, bro! Nobody told me the gun was loaded when I shot the sheriff, either.’

I’ve been named as an Expert Witness.

What are “they” asking you to testify about?

I hope they don't be coming on here and using your words against you.


Just like the Johnny depp trial with the trailer park owner accused of being in a depp fandom...

Blood sucking cretins.

Where he was on the day of the filming. :D

My opinion

What's that old saying?
Opinions are like ass-holes....everyone has one and they all stink.

Hey that's pretty cool, Hugh....quite the distinction!

Wear a Pelican Parts Lapel pin when you are on the stand. Think of the publicity if they televise the case.

Congrats! Quite a distinction indeed!

^this is genius^

Do you guys know what Hugh did for a living, before becoming a kept man? This is sort of his wheelhouse.

Charges dropped against Alec Baldwin in manslaughter case....

https://thepostmillennial.com/breaking-charges-against-alec-baldwin-dropped-in-fatal-shooting-death-of-halyna-hutchins?utm_campaign=64483

No one is above the law

almost no one
unless it happens on a hollywood set

There is no good explanation for that

More details:

https://redstate.com/nick-arama/2023/04/20/breaking-charges-against-alec-baldwin-to-be-dismissed-due-to-startling-new-info-n734207

So Baldwin accidentally kills someone and then.... NOTHING!

Hey, maybe Bragg will go after him? :rolleyes:

https://apnews.com/article/alec-baldwin-rust-movie-medic-lawsuit-03e7ae14c908c7a4a6342d85c8d0db4e

"SANTA FE, N.M. (AP) — A New Mexico judge has approved a $1.15 million settlement between a medic who worked on the “Rust” film set and one of several defendants she accused of negligence in the fatal 2021 shooting of a cinematographer by Alec Baldwin during a rehearsal.

Court records show the partial settlement between Cherlyn Schaefer and prop master Sarah Zachry was approved during a hearing Monday. Schaefer told the judge there’s not a day that goes by when she doesn’t think about what happened, the Santa Fe New Mexican reported.

In her civil complaint, Schaefer said she fought desperately in a failed attempt to save the life of cinematographer Halyna Hutchins. She said the shock, trauma and emotional distress that followed has made it impossible for her to continue working in her field. ..."


Lee