Alec Baldwin : 'Special Prosecutor Violated My Constitutional Rights" | Attorney Steps Down

  • by:
  • Source: Wayne Dupree
  • 03/24/2023
In a newly filed court document, attorneys for Alec Baldwin claimed that the former special prosecutor who looked into the death of cinematographer Halyna Hutchins on the set of "Rust" used the case to advance her career and that public statements made in the case violated Baldwin's constitutional rights.

This Monday, New Mexico state representative Andrea Reeb said she was recusing herself from the matter. Baldwin's attorney has sought to have her disqualified for weeks, alleging that she could not hold both legislative and judicial positions in the state legally.

Baldwin's attorneys withdrew their move to disqualify Reeb from the case on February 7 and submitted a new motion on Tuesday, outlining their many concerns about the Santa Fe district attorney's office and Reeb's purported private and public utterances. The actor is being charged with two counts of involuntary manslaughter for his role in Hutchins' death.


Reeb was a candidate for the New Mexico House of Representatives when the district attorney's office announced last year that he would join the team probing the October 2021 on-set shooting.

Baldwin refers to a Tuesday New York Times article on an email conversation between Reeb and Santa Fe County district attorney Mary Carmack-Altwies as "yet another worrisome development" in the prosecution of the case in his request this week.

As reported in the Times, on June 9, 2022, Reeb asked the district attorney if she may disclose that she is helping with the case because "it would help in my campaign lol."

Baldwin's counsel claimed in the motion that Reeb's request to the district attorney to "publicize the fact that she was working on the case in order to enhance her political career" constituted a "abuse of the system" and a violation of Baldwin's constitutional rights. The motion states that earlier this year, Reeb was elected and appointed as special prosecutor in the "Rust" case.

Baldwin's legal team also brought up the government's "exceptional public statements" in the past few weeks in response to the defense's court papers, claiming that these statements implied Baldwin's guilt and compromised his right to a fair trial.

A spokesperson for the district attorney's office responded to the defense's motion to disqualify Reeb by saying, in part, that Baldwin and his lawyers "can use whatever tactics they want to distract from the fact that Halyna Hutchins died because of gross negligence and a reckless disregard for safety on the 'Rust' film set." Baldwin's lawyers cited this statement as supporting their client's case.

Lawyers representing Baldwin have stated that the comment "raises substantial problems under the New Mexico Rules of Professional Conduct," which specify that lawyers may not make "any extrajudicial or out-of-forum statement" in proceedings that may lead to trial.

A further public statement that inferred Baldwin's guilt and again omitted to recognize the presumption of innocence was cited in their motion, which was Reeb's departure announcement. It has become clear to me 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," Reeb said in his statement.

Baldwin "does not waive the rights to raise the disqualification issue in the future or to otherwise challenge the prosecution as a whole on the grounds that the State's conduct to date...has violated [his] constitutional rights," according to his attorneys' statement waiving the disqualification motion.

When asked about the move, a representative from the Santa Fe district attorney's office remained mum. ABC News has asked Reeb for his thoughts.

Baldwin has entered a plea of not guilty. He also claims he was assured the gun was empty before it was pointed at him. Hannah Gutierrez-Reed, the film's armorer, was also arrested and charged with involuntary manslaughter in relation to Hutchins' death. She has no idea how live bullets got inside the gun, and according to her counsel, she plans to enter a not guilty plea. A preliminary hearing for both parties has been set for May 3.

David Halls, the first assistant director, accepted a plea deal after being charged with negligent use of a deadly weapon. His initial court appearance is planned for later this month.

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