Alec Baldwin Seeks to Disqualify Special Prosecutor in ‘Rust’ Case Most Popular Must Read Sign Up for Variety Newsletters More From Our Brands

Alec Baldwin’s attorney filed a motion Tuesday to disqualify the special prosecutor in the “Zing” case, arguing she can’t serve as both a prosecutor and a state lawmaker at the same time.

Andrea Reb was brought in last year by Santa Fe’s First Judicial District Attorney to help with the “rust” case. Reb, a Republican, previously served as an elected prosecutor in the state’s Ninth Judicial District.

In November, she was elected to the state House of Representatives.

Baldwin was charged with involuntary manslaughter last week in connection with the death of “Rust” cinematographer Halina Hutchence.

In the motion filed Tuesday, Baldwin’s attorneys argued that the separation of powers in the state constitution prevents Reb from acting both as a prosecutor and as a state legislator.

Baldwin’s attorneys wrote that “doing so would vest two primary powers of different branches—legislative and judicial—in the same person and thus be barred by the plain language of Article III of the New Mexico Constitution.” ,” Baldwin’s attorneys wrote.

Baldwin’s attorneys say the reb’s position as a state legislator could influence his prosecution decisions.

“If the arrangements here were upheld by the courts, future district attorneys could try to curry favor with legislators who divert their budgets to high-profile cases — distorting the legislative process.” control their budget,” he argued.

In her executive budget recommendation last month, Gov. Michelle Lujan Grisham asked the Legislature to approve an additional $317,700 to pay for the “rust” lawsuit.

Baldwin’s lawyers argue that even if the reb recuses herself from voting on the request, her fellow lawmakers may be inclined to support continuing to fund the reb’s salary as a special prosecutor. are

In a statement Tuesday afternoon, the First Judicial District Attorney’s Office called Baldwin’s motion a distraction.

“Mr. Baldwin and his attorneys can use whatever tactics they want to deflect attention from the fact that Helena Hutchins died on the set of ‘Rust’ because of reckless and negligent safety.” “Heather Brewer, spokeswoman for the office, said. “However, the district attorney and special prosecutor will remain focused on the evidence and on trying this case to ensure justice is served.”

The DA’s office has previously said that Reb’s role as a state legislator “will not affect his ability to fully and effectively fulfill his role as the special prosecutor in the Zing case.”

“If any legislation before the House creates a conflict of interest for her, Andrea will continue her record of doing the right thing and recuse herself from the vote,” the office previously said.

In a separate motion, Baldwin’s attorneys asked prosecutors to turn over discovery material and ask for an “early trial” to “minimize public humiliation and suspicion.”

Baldwin and co-defendant Hannah Gutierrez-Reid, the armorer on “Zing,” are scheduled to make their initial appearances on the charges on Feb. 24 via Google Meet. The hearing is expected to be broadcast on the court’s YouTube channel.

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