Alec Baldwin’s lawyers have filed to disqualify the special counsel in the Rust case for what they call an “unconstitutional” role for a politician.
Baldwin, 64, will be his First US court appearance on February 24 About the death of Halyna Hutchins.
He will face two counts of manslaughter along with the film’s armourer, Hannah Gutierrez Reid.
Last year, Andrea Reeb was brought in to help with the case and was elected to the New Mexico House of Representatives in November.
In a motion filed Tuesday, BaldwinThe state’s lawyers argued that the state’s constitution prohibits Ms. Reeb from serving as both a prosecutor and a state legislator.
They said her position as the one who decides on the legislation could influence her decision as a prosecutor, calling it “unconstitutional” for her to remain as special counsel.
The motion reads: “The Constitution does not allow Representative Reeb to serve as both a legislator and special counsel.
“Doing so vests in the same person two core powers of different branches—legislative and prosecuting—and is therefore prohibited by the plain language of Article III of the New Mexico Constitution.”
An arraignment hearing is scheduled for 10am local time (5pm GMT) in Santa Fe District Court. The Pennsylvania News Agency understands that Baldwin’s appearance may be via video link.
Following the hearing, in which Baldwin will enter a guilty or not guilty plea, Rust director Joel Souza and lighting director Serge Svetnoy are two of the more than 40 witnesses who may be called to testify at the preliminary hearing.
That will happen at a later date and a decision will be made on whether there is enough evidence to bring Baldwin to trial.
Mr. Souza was also injured in the October 2021 incident on set, but no charges will be filed in the non-fatal shooting.
In a statement of probable cause filed with the charges against Baldwin, the district attorney charged the actor with “willful disregard” for the safety of others in the days leading up to the incident.
They added that instead of taking part in “mandatory” firearms training, he Conduct a 30-minute live sessionIn the meantime, he was distracted by calls to his family.