Alec Baldwin on October 7, 2021 on the Hamptons International Film Festival.
Mark Sagliocco | Getty Images Entertainment | Getty’s paintings
The special prosecutor within the “Rust” murder case against actor Alec Baldwin stepped down Tuesday after Baldwin’s lawyers argued that the Recent Mexico structure barred her from holding that role while being a state legislator.
That is a significant setback within the state’s case against Baldwin and co-defendant Hannah Gutierrez-Reed for the October 2021 accidental fatal shooting of cameraman Halyna Hutchins on the set of Rust.
“After much thought, I actually have made the difficult decision to step down as Special Prosecutor within the ‘Rust’ case,” Andrea Reeb, Special Prosecutor, said in a startling statement. “My priority on this case – and in all cases I actually have handled in my 25-year profession – has been justice for the victim.”
“Nevertheless, it has develop into clear that one of the simplest ways I can ensure justice on this case is to step down in order that the prosecution can deal with the evidence and facts that clearly point to an entire disregard for basic security protocols that led to the death of Halyna Hutchins.” she said.
Reeb’s decision to withdraw got here after weeks of resistance to the thought by herself and the primary district attorney, Mary Carmack-Altwies, who appointed her.
“I is not going to let questions on my service as a legislator and prosecutor overshadow the true issue,” Reeb said on Tuesday.
Baldwin’s attorneys last month filed a motion with a judge to remove Reeb from the case, arguing that the Recent Mexico structure expressly prohibits people from holding office in a single branch of presidency while exercising the powers of one other branch.
Luke Nikas, considered one of Baldwin’s lawyers reached by CNBC on Tuesday, did circuitously comment on Reeb’s resignation, but noted the rationale behind his motion to disqualify Reeb, by which the defense argued that “there isn’t any query that Reeb’s representative violates each the plain text and purpose of the power-sharing provision within the Recent Mexico Structure while serving as each legislator and prosecutor.”
It’s unclear whether Carmack-Altwies will take over the case or appoint a recent special prosecutor. The Prosecutor’s Office of the First District Prosecutor’s Office didn’t immediately reply to a request for extra comment.
Baldwin and Gutierrez-Reed face two counts of manslaughter, each of which carry an 18-month prison sentence. The jury will resolve which homicide case applies.
Rust’s original assistant director, David Halls, has signed a plea bargain on charges of negligent use of a deadly weapon, which resulted in a probation sentence and 6 months’ probation.
Past problems
The prosecution has already come under fire for errors within the prosecution and handling of the case.
Reeb, who previously served as a district attorney within the Ninth Judicial District Attorney’s Office in Recent Mexico, originally charged Baldwin and Gutierrez-Reed, the unique “Rust” gunsmith, in January with so-called firearm enhancements. This meant a five-year mandatory minimum prison sentence if defendants were convicted.
But Reeb dropped the upgrade after admitting to Baldwin’s lawyers via email that she had misapplied the law, which only went into effect after Hutchins’ death.
At a hearing last week, Baldwin’s attorneys said the gun that killed Hutchins was destroyed through the investigation. Prosecutors denied this statement, noting that the weapon suffered some internal damage through the FBI’s initial investigation but was still intact.
Together with Reeb, Carmack-Altwies hired a spokesperson, Heather Brewer, specifically dedicated to responding to Rust media inquiries. Brewer made incendiary public comments, referring to Baldwin as a celeb “with fancy lawyers”, which some lawyers found odd.
“Prosecutors should keep a really wonderful line between what may be said publicly,” said John Day, an area lawyer in Recent Mexico. “You do not need to be accused of poisoning the jury ahead of time. And that may actually be an issue here.”