An legal professional for actor Alec Baldwin filed a movement Tuesday to disqualify particular prosecutor Andrea Reeb, who’s overseeing the “Rust” shooting case.
The submitting states that Reeb’s participation within the case is “unconstitutional” underneath New Mexico legislation because of her elected place within the New Mexico Home of Representatives.
CNN has obtained the paperwork which had been filed Tuesday within the First Judicial District Court docket of New Mexico.
“The particular prosecutor on this case, Andrea Reeb, is a member of the New Mexico Home of Representatives. Beneath Part 1 of Article III of the New Mexico Structure, nonetheless, a sitting member of the Legislature might not ‘train any powers correctly belonging’ to both the chief or judicial department,” the movement states.
Baldwin’s movement argues that Reeb’s place constitutes a violation of the state structure’s separation of powers provision and that she may “make prosecutorial selections that serve her legislative pursuits.”
Final month, Baldwin was criminally charged in reference to the 2021 deadly taking pictures on the set of the film “Rust.” The charges in opposition to Baldwin and the set’s armorer, Hannah Guiterrez Reed, included two counts of involuntary manslaughter in reference to the loss of life of cinematographer Halyna Hutchins.
Attorneys for each defendants have insisted their respective shoppers are harmless.
On Tuesday, Heather Brewer, a spokeswoman for New Mexico’s First Judicial District Legal professional’s workplace launched an announcement in response to the movement: “Mr. Baldwin and his attorneys can use no matter ways they wish to distract from the truth that Halyna Hutchins died due to greater than mere negligence on the ‘Rust’ movie set. Nonetheless, the district legal professional and the particular prosecutor will stay targeted on the proof and on making an attempt this case in order that justice is served.”
In an interview in January, Reeb advised CNN that her prosecutorial selections weren’t impacted by politics.
“All people’s equal underneath the legislation. It doesn’t matter if he’s a liberal Democrat and I’m a conservative Republican,” she mentioned. “My job has at all times been to prosecute crimes and maintain defendants accountable and assist victims. On this case it’s no completely different.”