Actor Alec Baldwin leaves his home as he faces involuntary manslaughter charges for fatally shooting cinematographer Halyna Hutchins on the set of the movie “Rust” in Latest York City, January 31, 2023.
David Dee Delgado | Reuters
It has been just over a month since Latest Mexico authorities charged Alec Baldwin with involuntary manslaughter within the death of a crew member on the set of Rust, and the accusation has already received heavy criticism and scrutiny.
Firstly, the query arises whether the chief prosecutor on this case is permitted to listen to the case in any respect. states the structure prohibits a member of 1 branch of presidency from exercising the authority of one other authority. Andrea Reeb, the special prosecutor, also serves as a Republican state legislator. Baldwin’s attorneys applied on February 7 disqualify Reeb from the case.
Reeb and the Latest Mexico First Judicial District Attorney’s Office denied this disqualification request, calling the defense’s argument “misconception” and claiming it was “based on a recent theory that has no support in Latest Mexico statute or jurisprudence.” court papers filed on Monday.
“Accepting the defendant’s theory would require the court to create a recent law with statewide implications based solely on creative, legally unsupported arguments,” prosecutors wrote within the court filings.
Legal experts also criticized Reeb’s overcharging of Baldwin under a law that was not in effect on the time of the fatal shooting. She withdrew and lowered the costs, which could end in a shorter prison sentence for Baldwin if convicted.
The lawyers also found the arsonist press releases and media appearances by the district attorney’s office, which is odd because prosecutors are often advised to order comments for the courtroom.
“There have been some unusual facts concerning the prosecution from the start,” said John Day, a Santa Fe lawyer who has been practicing law in Latest Mexico since 1996.
The allegations relate to the October 2021 shooting of cinematographer Halyna Hutchins throughout the filming of the independent film Rust. Baldwin, who also starred in The Departed and Beetlejuice, was carrying a gun loaded with live ammunition.
Baldwin, who also produces Rusta, and the film’s then-armourer Hannah Gutierrez-Reed were charged in January with two different counts of manslaughter by Latest Mexico’s first district attorney, Mary Carmack-Altwies. A jury, by law, can only convict them on certainly one of these charges, each carrying a maximum possible sentence of 18 months in prison.
David Halls, the film’s first assistant director, signed a plea bargain to a misdemeanor charge of negligent use of a deadly weapon and received probation and 6 months probation.
Baldwin and Gutierrez-Reed are scheduled to look virtually at a standing hearing on Thursday.
Special Prosecutor
Carmack-Altwies appointed Reeb as special prosecutor in August. Reeb was previously the ninth judicial district attorney, but retired a 12 months ago, shortly after the beginning of the legislative campaign. She won the race in November but stayed with the “Rusta” case.
Reeb’s dual role as legislator and prosecutor caused surprise within the local legal community. George Heidke, a former attorney within the First Circuit Court’s Office of the District Attorney, told CNBC that it was the primary time in his 25 years of law practice in Latest Mexico that he had seen a sitting legislator concurrently serving as prosecutor.
Baldwin’s lawyers say Reeb needs to be faraway from the case. “A prosecutor who also serves as a legislator may face pressure to make prosecutorial decisions that serve her legislative interests,” Baldwin’s lawyers wrote within the motion. Baldwin is an outspoken supporter of Democratic and progressive causes, making him a goal of Reeb’s Republican colleagues.
The District Attorney’s office responded to this argument on Monday, saying that such claims are “purely hypothetical and show a limb that the defendant must climb to allege some sort of ‘intrusion or interference’.”
There are also other complications.
Aerial view of the film set on the Bonanza Creek Ranch where Hollywood actor Alec Baldwin fatally shot cinematographer Halyna Hutchins and injured the director when he fired his prop gun on the set of “Rust” in Santa Fe, Latest Mexico, USA, on this mount still from TV footage from October 21, 2021. Footage taken on October 21, 2021.
KOB TV NEWS | Reuters
“I believe everyone agrees that she’s misplaced in two different branches of presidency at the identical time,” Lisa Torraco, a Latest Mexico attorney representing Halls, told CNBC. “That is a superb reason: I support her campaign as a legislator, and now she’s the special prosecutor on my case.”
In September, Torraco donated $250 to Reeb’s campaign, assuming that if Reeb won the legislative race, she would mechanically drop out of the “Rust” case. It didn’t occur.
“If I had known, I probably would not have given her the cash,” Torraco said.
Together with Torraco, Carmack-Altwies, a registered Democrat, and Dennis Maez, a Halls private investigator, also contributed to Reeb’s campaign.
Torraco said there was no connection between her small campaign donation and Halls’ settlement. But in line with Santa Fe lawyer Daya, “looks are essential.”
“For those who’re giving money to legislators, you’ve to grasp that folks are going to have access to it and they are going to wonder, ‘What is going on on here? “- he said. “That is why you do not need … to have a legislator who also acts as a prosecutor.”
Heather Brewer, a spokeswoman for the prosecution hired specifically for the “Rusta” case, confirmed Torraco’s donation. She added that “Reeb’s integrity could never be compromised by a $250 contribution – or a contribution of any amount. Her sole purpose is honorable service to society and she is going to proceed to accomplish that in her pursuit of justice for Halyna Hutchins.”
Gutierrez-Reed’s lawyers signed Baldwin’s motion to disqualify Reeb. The District Attorney’s office declined to comment on the request before submitting a response.
“Law Freshman Mistake”
Apart from Reeb’s role within the legislature, local lawyers found it odd that Carmack-Altwies had appointed a special prosecutor in the primary place. Historically, if the District Attorney’s office didn’t have the resources to pursue a case, it turned to the Attorney General for assistance.
As an alternative, Carmack-Altwies requested $635,000 from the Latest Mexico Finance Board, claiming that her office needed a further lawyer, media contact, and other personnel specifically dedicated to the “Rusta” case, in line with a letter she sent to the financial board on August 10, 30 .
When a member of the financial board asked Carmack-Altwies if she had approached the attorney general for help, she said she had not “specifically been contacted about this,” in line with the minutes of the hearing on her funding application. Reeb was the higher option, Carmack-Altwies said, because she has “greater than 25 years of experience and this will likely be her only case for the subsequent 12 to 18 months, which is by design.”
The state awarded the prosecution $317,750, roughly half of the unique request.
Torraco said the costs against Baldwin and Gutierrez-Reed are among the many lowest crime rates in Latest Mexico.
“They usually are asking the legislature tons of of 1000’s of dollars to prosecute? It’s just absurd,” Torraco said. “They’re prosecuting degree 4 crimes every single day… why all of the hype?”
The legal risk Baldwin faced was much higher until last month, when his lawyers challenged one other prosecutor’s decision.
When Reeb first brought criminal charges, she upheld a so-called firearms enhancement charge, which carries a five-year prison sentence. Baldwin’s lawyers filed a motion on February 10 to eliminate this enhancement because it became law seven months after the fatal shooting, violating a legal concept often called “ex post facto” or after the very fact.
It was “a law freshman’s mistake,” said Day. “For those who are a prosecutor, it’s your responsibility to make sure that you’re counting on the right law. And it’s embarrassing since it shows they do not listen to details.”
Reeb, in a February 12 email to Baldwin’s lawyers, identified her legislative responsibilities after they objected to the advance. She wrote that she had been “busy with the session all week” and that every one she could now do was take a better have a look at the specifics of the firearms upgrades.
Reeb soon she admitted that she misapplied the reinforcement and dropped it from the case.
Media circus
The case received loads of media attention, which was sustained by press releases from Baldwin and prosecutors. Baldwin was interviewed by ABC’s George Stephanopoulos in December 2021. Carmack-Altwies and Reeb in turn starred on the show CNN AND Fox News.
Also, Brewer, a spokesperson hired specifically for the Rust case, made several heated statements about Baldwin and his attorneys on behalf of the District Attorney’s office.
Cinematographer Halyna Hutchins is seen on this undated handout photo received by Reuters on October 23, 2021.
Swen Studies | via Reuters
Following a Feb. 10 motion to limit firearm upgrades, Brewer told CNBC that the district attorney’s office is devoted to holding everyone, “even celebrities with fancy lawyers,” accountable under the law. Nearly two weeks later, when Reeb dropped the upgrade, Brewer said in a press release that the drop of charges was “in an effort to avoid further litigation by Mr. Baldwin and his lawyers.”
“The priority of the prosecution is to make sure justice, not to supply billable hours for lawyers in large cities,” added Brewer.
Brewer also suggested that Baldwin’s attempts to remove Reeb from the case are intended to divert attention from Baldwin’s alleged criminal behavior. “Mr. Baldwin and his lawyers may use any tactic to distract attention from the undeniable fact that Halyna Hutchins died as a consequence of gross negligence and reckless disregard for safety on the set of Rust,” Brewer said in a public statement.
American Bar Association advises against attorneys making public statements that might harm a jury in a criminal case, particularly in relation to the “character” or “popularity” of defendants.
“Prosecutors should keep a really positive line between what will be said publicly,” said Day, a neighborhood lawyer. “You don’t need to be accused of poisoning the jury ahead of time. And that may actually be an issue here.”