Alec Baldwin special prosecutor wanted his involuntary manslaughter case Removed In Tuesday’s new filing, the actor claims Andrea Reeb’s position as a Republican lawmaker in the New Mexico House of Representatives is “unconstitutional” — and a legal expert says he has a point. Baldwin was formally charged in the fatal shooting last week War Cinematographer, Halina Hutchins.
“The question is not one of nearness,” the resolution declares. “He should be disqualified.”
According to filings obtained by Yahoo Entertainment, Baldwin — who is known for his liberal views — avoided claiming politics was behind the decision to file criminal charges. The motion to disqualify, filed by his attorney Luke Nicks, makes a constitutional argument.
The document reads, “Under Section 1 of Article III of the New Mexico Constitution, however, a sitting member of the Legislature may not ‘properly exercise any authority’ from the executive or judicial branch.” “As a special prosecutor, Representative Reeb is vested by statute with ‘all the powers and duties’ of a district attorney, who is deemed to be a member of the judicial or executive branch of the government of New Mexico … Representative Reeb is therefore exercise of executive power or judicial power and his continued service as Special Prosecutor is unconstitutional.”
Reeb, who was appointed to the case by the district attorney, previously told Baldwin, War Armorer is responsible for the deaths of Hannah Gutierrez-Reid and First Assistant Director, David Hall Hutchins.
“If any one of these three people … had done their job, Halina Hutchins would be alive today. It’s that simple,” she declared last month. “The evidence clearly shows a pattern of criminal disregard for the safety of War film set. In New Mexico, there is no place for film sets that do not take seriously our state’s commitment to gun safety and public safety.”
The New Mexico First Judicial District Attorney calls Baldwin’s new proposal a distraction.
“Mr. Baldwin and his attorneys may use whatever tactics they wish to deflect attention from the fact that Halina Hutchins died on the set of the Rust film as a result of more than mere negligence. However, the district attorney and The special prosecutor will remain focused on the evidence and on trying this case so that justice is done,” spokeswoman Heather Brewer told Yahoo.
However, high powered criminal defense attorneys michelle huff Thinks that Baldwin’s proposal may be accepted.
“Because the separation of powers is one of the cornerstones of our democracy, the New Mexico Constitution explicitly forbids one person 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 same laws he passed, would be an unconstitutional violation of this separation of powers,” Huff continued. Is. “Thus, while this is an issue that has not been previously addressed by the New Mexico court, other states have found a constitutional violation in similar circumstances, and I expect the court to side with Baldwin on this issue. “
Baldwin has been charged with two counts of involuntary manslaughter. He faces up to five years behind bars If he is found guilty of the most serious offence.