Alec Baldwin has filed to disqualify a special prosecutor from prosecuting his manslaughter in the fatal shooting of “Rust” cinematographer Halina Hitchens in New Mexico.
Baldwin was formally indicted on Jan. 31 and could face up to five years in prison if convicted.
However, their legal eagles say prosecutor Andrea Reb should step down after she is elected to the state House of Representatives in November.
Baldwin’s attorneys argued in a motion filed Tuesday that Reid should not continue because New Mexico law prohibits a state legislator from also being a prosecutor.
“Representative Reed therefore has either executive power or judicial power, and his services as special prosecutor are unconstitutional,” Baldwin’s lawyers wrote in the motion.
“He should be disqualified.”
The film’s armorer, Hannah Gutierrez-Reid — who was in charge of the weapons during filming — also faces involuntary manslaughter charges. Both defendants are scheduled to make an initial appearance on February 24.
Assistant director David Halls has already taken a plea deal to a lesser charge of corruption – but could still appear in court as a witness in the explosive case.
Prosecutors recently announced a 44-person witness list for the next preliminary hearing, which will be scheduled before the end of this month. It features director Joel Souza, camera assistant Len Looper, who left the film due to safety concerns, and film gaffer Serge Sweetnoy, who blamed “negligence and unprofessionalism” for Hutchison’s death. blamed
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If Souza does testify, it could lead to some awkward scenes further down the line – as he’s still finishing work on the film, which has to go back on set and wrap up filming soon.
Both Baldwin and Gutierrez-Reid have insisted they are not responsible for Hutchins’ death and have said they will fight the charges. Prosecutors have said they will disprove Baldwin’s repeated claims that he never pulled the trigger on the gun that killed Hutchins, which was somehow loaded with a live bullet instead of a blank one.
In October, Baldwin reached a settlement with Hitchens’ family in a wrongful death claim against him and others for an undisclosed amount.
“I have no interest in blaming or blaming (the producers or Mr. Baldwin),” Hitchens’ husband, Matt, said in a statement regarding the settlement. “We all believe that Halina’s death was a terrible accident. I am grateful that producers and the entertainment community came together to pay tribute to Halina’s final act.
As part of the settlement, Matt will be made a producer on the film once it is completed.
Baldwin is accused of opening fire on the set in Santa Fe, New Mexico on Oct. 21, killing Hitchens and injuring “Rust” director Joel Souza.
The “30 Rock” star maintained that he was not responsible for Hutchins’ death.
“Somebody put a live bullet in the gun. A live bullet that shouldn’t have hit the property,” he said in a TV interview. “Someone is responsible for what happened, and I can’t say who. Who is that, but I know it’s not me.”
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