The special prosecutor handling the case against Alec Baldwin for the shooting of cinematographer Halyna Hutchins on the set of the movie ‘Rust’ has stepped down.
Andrea Reeb announced the decision a month after Baldwin’s lawyer filed a motion to remove her because she is also a representative in the state legislature.
The actor’s team argued it violates the New Mexico constitution for a legislator to serve in another branch of government.
“The best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins.
“I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand”.
Andrea Reeb
On 23 February Alec Baldwin, the star and producer of the film, entered a not-guilty plea to a charge of involuntary manslaughter.
He was holding the gun which killed Ms. Hutchins, although he has denied pulling the trigger.
Two others have been charged, armourer Hannah Gutierrez-Reed will plead not guilty to involuntary manslaughter, her lawyer said, while assistant director Dave Hall has pleaded not guilty to a misdemeanor weapons charge.
The prosecution originally charged Alec Baldwin and Ms. Gutierrez-Reed with a five-year firearm enhancement, but it was later dropped because the law did not apply at the time of Ms. Hutchins’ death, reducing their possible prison sentence from a minimum of five years to a maximum of 18 months.
Ms. Gutierrez-Reed has blamed the shooting on potential sabotage, Alec Baldwin’s lack of firearms training, and a failure by Halls and Baldwin to call her on to the set for extra firearm checks.
Prosecutors deny claim that authorities destroyed gun
Prosecutors in the US state of New Mexico denied claims made by Alec Baldwin’s lawyers that state authorities destroyed the firearm that killed cinematographer Halyna Hutchins on the set of the movie Rust.
Alex Spiro, a lawyer for the 64-year-old actor said:
“The court, I don’t think is aware of this point, but I think I should tell the court that the firearm in this case… was destroyed by the state.
“That’s obviously an issue and we’re going to need to see that firearm, or what’s left of it”.
Alex Spiro
Prosecutors did not respond during the hearing, but in a statement, Heather Brewer, spokesperson for New Mexico’s First Judicial District Attorney’s office, said Mr. Spiro’s claim is false.
She said:
“The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense to review.
“The defense’s unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI’s July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI’s functionality testing. However, the gun still exists and can be used as evidence”.
Heather Brewer
Alec Baldwin is the star and producer of the film ‘Rust’ and he was holding the gun when it killed Hutchins, although he has denied pulling the trigger.
He and the film’s original armorer Hannah Gutierrez-Reed are charged with two types of involuntary manslaughter, following the fatal shooting, charges they both deny.
During a virtual hearing, which Baldwin did not attend, Mr. Spiro said the actor “wants his day in court” as a preliminary investigation hearing was set for the beginning of May.
The lawyer also noted that prosecutors currently have a 46-strong list of witnesses, and requested this be provided to the defense as soon as possible.
Judge Mary Marlow Sommer set a deadline of 17 April for the state to supply Baldwin’s counsel with the list.
She also set a preliminary investigation hearing, scheduled to last two weeks, to start on 3 May. During this time it will be decided whether or not there is enough evidence for the case to proceed to trial.
Prior to this, another hearing will be held on March 27 to review a motion, filed by Baldwin’s lawyers, about the disqualification of special prosecutor Andrea Reeb.
The actor’s representatives previously argued that Ms. Reeb’s involvement in the case was “unconstitutional”, due to her elected position in the New Mexico House of Representatives.
Meanwhile, a number of lawsuits have been launched against Alec Baldwin and others regarding Hutchins’s death, including by her husband Matthew, her parents, and her sister.
Three crew members are also among those to have started legal action, saying they have suffered anxiety and symptoms of post-traumatic stress disorder since the shooting.
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