Actor's lawyers argued for removal of Andrea Reeb from case because she is also a representative in the state legislature.
“I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.” The assistant director, Dave Hall, has pleaded not guilty to a misdemeanor weapons charge. The production’s armorer, Hannah Gutierrez-Reed, will plead not guilty to involuntary manslaughter, her lawyer has said.
'The best way I can ensure justice is served in this case is to step down.'
[Major criminal charge in involuntary manslaughter case ...](https://www.nzherald.co.nz/entertainment/major-criminal-charge-in-involuntary-manslaughter-case-against-alec-baldwin-dropped/YXO2AHJUQRAYRGFVY7T5FV5UM4/?ref=readmore) [Alec Baldwin pleads not guilty in involuntary manslaughter ...](https://www.nzherald.co.nz/entertainment/alec-baldwin-pleads-not-guilty-in-involuntary-manslaughter-case-over-the-fatal-shooting-of-rust-cinematographer/U37XJ4I6LBHKDJLTIRL5IWD65Y/?ref=readmore) [Alec Baldwin formally charged with involuntary manslaughter ...](https://www.nzherald.co.nz/entertainment/alec-baldwin-formally-charged-with-involuntary-manslaughter-over-rust-shooting/TJHEMICEJJA4TCSUWCP646LHZU/?ref=readmore) [Alec Baldwin facing further legal battles after being ...](https://www.nzherald.co.nz/entertainment/alec-baldwin-facing-further-legal-battles-after-being-sued-by-three-rust-crew-members/TJKJW7SRRZHGTEFHDJNA3WCTB4/?ref=readmore) [Alec Baldwin to be charged with involuntary manslaughter ...](https://www.nzherald.co.nz/entertainment/alec-baldwin-to-be-charged-with-involuntary-manslaughter-over-rust-shooting/2NUW2HYOGRBNLNIEEPB7EDND5I/?ref=readmore) [Alec Baldwin Rust movie set shooting: Armourer speaks ...](https://www.nzherald.co.nz/entertainment/alec-baldwin-rust-movie-set-shooting-armourer-speaks-out-after-involuntary-manslaughter-charges/LEQIMIXMQNFK5E2TTGVDZVJFDM/?ref=readmore) Both he and the production’s armourer, Hannah Gutierrez-Reed, face up to 18 months in prison and a fine of $5000 (NZ$8000) if convicted. “However, it has become clear that 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. “Doing so vests two core powers of different branches - legislating and prosecuting - in the same person and is thus barred by the plain language of Article III of the New Mexico Constitution.” Reeb was brought on to the case before being elected to the House of Representatives last November. [facing involuntary manslaughter charges](https://www.nzherald.co.nz/entertainment/major-criminal-charge-in-involuntary-manslaughter-case-against-alec-baldwin-dropped/YXO2AHJUQRAYRGFVY7T5FV5UM4/?ref=readmore) over the death of cinematographer Halyna Hutchens on the set of the production - previously filed a request asking the court to remove Andrea Reeb from her position, arguing her appointment was “unconstitutional” because she is a current member of the New Mexico House of Representatives, but the state lawmaker has now decided to walk away voluntarily to allow the prosecution to “focus on the evidence and the facts”. Baldwin’s lawyers argued last month that the Republican cannot be both special prosecutor and a state lawmaker because of the state constitution’s separation of powers provision. Their motion stated: “Representative Reeb is not constitutionally permitted to serve simultaneously as a legislator and a special prosecutor. “My priority in this case - and in every case I’ve prosecuted in my 25-year career - has been justice for the victim. “I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.” The office of New Mexico’s First Judicial District Attorney Mary Carmack-Altwies released a statement on behalf of Reeb, which read: “After much reflection, I have made the difficult decision to step down as special prosecutor in the Rust case. [Alec Baldwin’s Rust shooting](https://www.nzherald.co.nz/entertainment/alec-baldwin-says-rust-shooting-is-the-worst-situation-hes-ever-been-in/LUVEINJRWX4EIF4QYYDLD7DUDY/?ref=readmore) case has made the “difficult decision” to step down from her position.
Special prosecutor Andrea Reeb said she didn't want questions about her serving as a state representative to "cloud the issue."
"As a special prosecutor, Representative Reeb is vested by statute with 'all the powers and duties' of a District Attorney, who is considered a member of either the judicial or executive branch of the New Mexico government," Baldwin's lawyers said in the court filing. "Representative Reeb is therefore exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional. She argued that prosecutors do not actually exercise the power of either the executive or judicial branch. She went on to win a seat in the New Mexico House and assumed her office on January 1. [His lawyers argued](https://www.insider.com/alec-baldwin-asks-for-rust-shooting-special-prosecutor-disqualified-2023-2) in February that Reeb's appointment was unconstitutional because she's also a state representative. Baldwin was practicing a scene when a gun accidentally discharged and struck cinematographer Halyna Hutchins, who died.
Baldwin, along with Rust armorer Hannah Gutierrez-Reed, is facing a charge of involuntary manslaughter in the October 2021 shooting death of Halyna ...
“It has become clear that 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,” she said. As it stands, Baldwin and Rust armorer Hannah Gutierrez-Reed are each facing charges of involuntary manslaughter in the death of cinematographer Halyna Hutchins. Reeb also serves as a Republican state representative in New Mexico. A preliminary hearing meant to determine whether the evidence in the case is sufficient to move forward to trial is scheduled for May. Andrea Reeb, is stepping away from the trial. After much reflection, I have made the difficult decision to step down as special prosecutor in the Rust case.“ Reeb says in a
Andrea Reeb, a special prosecutor in Alec Baldwin's shooting incident case, resigned on Tuesday after the actor's legal team deemed her participation ...
“After much reflection, I have made the difficult decision to step down as special prosecutor in the Rust case. Baldwin’s lawyers filed a motion to disqualify Andrea Reeb on February 7 due to her dual role as a New Mexico House of Representatives member and a special prosecutor. Andrea Reeb, a special prosecutor in Alec Baldwin’s shooting incident case, resigned on Tuesday after the actor’s legal team deemed her participation unconstitutional.
Prosecutor Andrea Reeb steps down after actor Alec Baldwin's legal team raised constitutional objections based on her seat in New Mexico's House of ...
"It has become clear that 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," Ms Reeb said. Ms Reeb said in a statement on Tuesday that she "will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand". A special prosecutor who doubles as a state MP is stepping down from her role in the manslaughter case against actor Alec Baldwin in the death of a cinematographer on a New Mexico film set.
Alec Baldwin's legal team sought to disqualify special prosecutor and Republican state Rep. Andrea Reeb of Clovis based on constitutional provisions that ...
21, 2021, during rehearsals for the Western film Rust at a ranch on the outskirts of Santa Fe. The charges carry a maximum penalty of 18 months in prison and fines. — A special prosecutor who doubles as a state legislator is stepping down from her role in the manslaughter case against actor Alec Baldwin in the death of a cinematographer on a New Mexico film set.
Baldwin is still charged with involuntary manslaughter, but the actor's legal team just got something they wanted.
However, several other [crew members of Rust have sued the production](https://www.cinemablend.com/movies/another-rust-crew-member-is-suing-alec-baldwin-following-fatal-accident), and Baldwin specifically as a producer, claiming otherwise. However, without a prosecutor in place, it’s unclear when that will happen, and quite a lot could happen in the interim. [Baldwin as he attempts to complete work on Rust](https://www.cinemablend.com/movies/alec-baldwin-will-continue-filming-rust-despite-manslaughter-charge), the movie where the accident initially happened, this is the second piece of good news for his legal team in recent days. Either way, the case against Baldwin will almost certainly be slowed down as the D.A. His legal team had objected to her appointment, claiming that as a State Legislator in New Mexico, the state constitution did not allow her to also be a special prosecutor. Actor/producer Alec Baldwin, who was holding the gun that went off and shot Hutchins has been charged with involuntary manslaughter for the incident.
The Alec Baldwin "Rust" film set shooting case keeps getting more embarrassing for New Mexico prosecutors as a special prosecutor steps down from the case.
[stepped down Tuesday](https://www.nbcnews.com/news/us-news/special-prosecutor-resigns-rust-alec-baldwin-rcna74990) before the legal question could be answered in court. [charged in January](https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alec-baldwin-rust-charges-rcna68336) in connection with the 2021 shooting death of cinematographer Halyna Hutchins. But Baldwin probably hopes it keeps going the way it's been going for the defense. The actor's defense lawyers pointed out that the enhancement couldn't be used in this case because it was enacted after the alleged crime (whoops). “The legal question is not a close one,” they wrote, arguing that she must be disqualified. [Alec Baldwin "Rust" film set shooting case](https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alec-baldwin-rust-charges-rcna68336) somehow keeps getting more embarrassing for New Mexico prosecutors.