Alec Baldwin Has Filed To Have The Special Prosecutor In Charge Of The “Rust” Case Against Him Dismissed

Things seem to have quieted down over at Case de Baldwin. Hilaria Baldwin has apparently turned over her Instagram duties to her and Alec Baldwin’s eldest daughter Carmen while she and Alec focus on the serious legal peril at hand. As we know, Alec is charged with two counts of involuntary manslaughter (as is armorer Hannah Gutierrez-Reed), with each count carrying a sentence of up to 18 months in jail and a $5,000 fine for the accidental shooting death of Halyna Hutchins on the set of Rust. One of those charges includes a “firearm enhancement” and carries a mandatory five-year sentence in state prison if he’s found guilty. So now is certainly not the time for fun and games. However, if you are one of the million followers, Hilaira got for her birthday, do not fret. You’re in good hands. Carmen’s punctuation is preternaturally flawless for a 9-year-old.

But if you’re Alec, some amount of fretting is certainly warranted. According to Deadline, Alec’s defense team is going on the offensive and have requested the removal of “recently elected GOP state legislator” Andrea Reeb, the special prosecutor appointed to the case by the Santa Fe District Attorney, citing unconstitutionality. Andrea must have really gotten under Alec’s skin when she said, “everybody’s equal under the law, including A-list actors like Alec Baldwin” at the time of his charging.

“Ms. Reeb’s continued service as a special prosecutor in this case is unconstitutional,” lead defense attorney Lubke Nikas said Tuesday in a motion to disqualify recently elected GOP state legislator Andrea Reeb from the high-profile case and subsequent trial. “The legal question is not a close one. She must be disqualified.”

“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,” the NYC-based Quinn Emanuel Urquhart & Sullivan lawyer added in the motion (read it here). “As a special prosecutor, Representative Reeb is vested by statute with ‘all the powers and duties’ of a District Attorney, who is considered to be a member of either the judicial or executive branch of the New Mexico government.”

In response, the D.A. refocused on the legal peril at hand stating that “Mr. Baldwin and his attorneys 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” and that “the district attorney and the special prosecutor will remain focused on the evidence and on trying this case so that justice is served.” The first hearing in the case is scheduled for February 24, that is, unless Alec’s bid is successful and another prosecutor has to be found.

Deadline also reports that 1st AD Dave Halls, who reportedly said “cold gun” before he handed Alec the weapon that killed Halyna and injured director Joel Souza, and Joel himself, are among the 44 witnesses scheduled to testify for the prosecution. Dave, “likely putting pragmatism and financial resources ahead of ego,” (if there’s a legal definition for shade, it goes here) has already pleaded “no contest to a misdemeanor count of negligent use of a deadly weapon” and “will get a suspended six-month sentence of unsupervised probation, some community service, safety training and a $500 fine if the court green lights the agreement.” Deadline reports:

Halls now officially joins the previously announced 44 individuals — including director Souza, Mitchell, armorer mentor Seth Kenney, prop master Sarah Zachary and a ton of Santa Fe cops — on the D.A.’s list, and clearly has something to say the defense doesn’t want to hear.

If this case goes to trial and Alec can maintain his focus on the legal peril at hand, he’d be wise to tone down the “terrible miscarriage of justice” rhetoric as the D.A. will be allowing the jury to choose which of the two fourth-degree felony involuntary manslaughter charges “they want to center on in deliberations.” But I guess it will all depend on how lucky the punk’s feeling at the time about that firearm enhancement charge.

Pic: Instagram