Alec Baldwin’s attorneys have filed to have the special prosecutor disqualified in the Rust case because of what they call his “unconstitutional” role as a politician.
Baldwin, 64, should be doing his thing first appearance in a US court on 24 February for the death of Halyna Hutchins.
He will face two manslaughter charges alongside the film’s gunsmith, Hannah Gutierrez Reed.
Last year, Andrea Reeb was brought in to assist in the case and was elected to the New Mexico House of Representatives in November.
In a motion filed Tuesday, BaldwinLawyers argue that the state constitution prohibits Ms. Reeb from serving as either a prosecutor or a state legislator.
They say his position as a decision maker on legislation could influence his decisions as a prosecutor, calling his continued position as special prosecutor “unconstitutional.”
The motion reads, “Rep. Reeb is not constitutionally permitted to serve as legislator and special prosecutor concurrently.
“Thus investing two fundamental powers of different branches – to legislate and to prosecute – in the same person and is therefore precluded by the plain language of Article III of the New Mexico Constitution.”
The indictment hearing will take place at 10:00 am local time (5:00 pm GMT) in Santa Fe Magistrates Court. The PA news agency understands that Baldwin’s appearance will likely be via video link.
Following the hearing, during which Baldwin will plead guilty or not guilty, Rust director Joel Souza and lighting director Serge Svetnoy are two of more than 40 witnesses who may be called to testify at the preliminary hearing.
This will come at a later date and decide if there is enough evidence for Baldwin to go to trial.
Mr. Souza was also injured during the on-set incident in October 2021, but no charges will be filed for the non-fatal shooting.
Halyna Hutchins. Photo: Swen Studios
In a probable cause statement filed along with the charges against Baldwin, the district attorney said the actor had displayed “willful disregard” for the safety of others in the days leading up to the crash.
They added that he had not been present for the “mandatory” firearms training undergo a 30-minute on-set sessionduring which he was distracted by a phone call to his family.
