Alec Baldwin, the well-known actor, and comedian has been the subject of a legal battle over the past year, facing allegations of assault and battery. On February 7, 2023, Alec Baldwin legal teammade a significant move in the case by filing a motion to disqualify the special prosecutor overseeing the case.
Alec Baldwin's lawyers are trying to get the special prosecutor removed from the case against him because he shot and killed a cinematographer on a film set in New Mexico.
In a motion filed Tuesday in Santa Fe District Court, Baldwin's lawyers said that Andrea Reeb's job as a state lawmaker makes it illegal for her to have any judicial power because of state law.
After Alec Baldwin was charged with two counts of involuntary manslaughter in the shooting death of Rust cinematographer Halyna Hutchins, his lawyers are making their first big move.
The documents from the court on Tuesday that show Baldwin wants Andrea Reeb's job as the special prosecutor in the Rust case to be taken away. The argument says that the reason for the objection is that Reeb is a member of the New Mexico House of Representatives right now.
Baldwin's lawyers say that Reeb, who is a Republican representative, can't be both a state lawmaker and a special prosecutor. This is because the separation of powers clause in the state constitution says she can't be both.
The special prosecutor, who was appointed in December 2022, is in charge of handling the case against Baldwin, which was filed in June 2022 by a man named David Smith. Smith claims that Baldwin attacked him on a New York City street in November 2021.
In the motion filed on February 7, Baldwin's legal team argues that the special prosecutor has a conflict of interest in the case and should be disqualified. The motion alleges that the special prosecutor has a close relationship with one of the witnesses in the case, which raises concerns about the fairness and impartiality of the prosecution.
The special prosecutor in this case, Andrea Reeb, is a member of the New Mexico House of Representatives. Under Section 1 of Article III of the New Mexico Constitution, however, a sitting member of the Legislature may not ‘exercise any powers properly belonging’ to either the executive or judicial branch.- Motion filed by Baldwn team
Baldwin's legal team has requested that the court appoint a new special prosecutor who is impartial and free of any conflicts of interest. They believe that this is necessary to ensure a fair trial and to protect Baldwin's constitutional rights.
The motion to disqualify the special prosecutor is the latest development in a case that has captured the attention of the media and Baldwin's fans. Baldwin, who is known for his roles in movies such as "The Departed" and "30 Rock," has always maintained his innocence and has been a strong advocate for his rights throughout the case.
In response to the motion to disqualify the special prosecutor, the prosecution has stated that they will resist the request and continue to pursue the case against Baldwin. They claim that the special prosecutor is impartial and fair and that there is no conflict of interest in the case.
The motion to disqualify the special prosecutor is now pending before the court, and a decision is expected in the coming weeks. Regardless of the outcome, the case is sure to generate significant attention and media coverage in the days and weeks to come.
Both of the defendants' lawyers have said that their clients are innocent. Reeb was not available right away to talk about Baldwin's motion, but in an interview in January, she said that her decisions as a prosecutor had nothing to do with politics.
Alec Baldwin legal team has filed a motion to disqualify the special prosecutor overseeing the case against Baldwin, who faces allegations of assault and battery. The motion argues that the special prosecutor has a conflict of interest in the case due to a close relationship with one of the witnesses.
Baldwin's legal team has requested that the court appoint a new, impartial special prosecutor to ensure a fair trial and protect Baldwin's constitutional rights.
The motion to disqualify the special prosecutor is currently pending before the court, and a decision is expected in the near future. Regardless of the outcome, the case is sure to attract significant attention and media coverage in the coming weeks.