Victory for Alec Baldwin as Rust special prosecutor quits the case

Victory for Alec Baldwin as Rust special prosecutor QUITS after he called for her to be disqualified: Andrea Reeb insists in parting blow that actor’s ‘complete disregard for basic safety protocols’ led to Halyna Hutchins’ death

  • Andrea Reeb announced on Tuesday that she was stepping down as special prosecutor in the Rust case, investigating the October 2021 shooting
  • Alec Baldwin, whose gun accidentally fired, killing cinematographer Halyna Hutchins, argued Reeb – recently elected to state legislature – was conflicted
  • Reeb said she was stepping aside to prevent her role as a politician becoming a distraction, but insisted in her statement that she felt Baldwin was guilty

Andrea Reeb, the special prosecutor in the case against Alec Baldwin and Rust over the October 2021 fatal shooting of its cinematographer, has announced she is to step aside, in a victory for Baldwin.

Reeb was elected in November to the New Mexico house, and Baldwin’s lawyers argued that she was therefore ineligible to continue as special prosecutor.

Reeb investigated the shooting on behalf of the Santa Fe district attorney’s office and concluded that Baldwin and his team – he was a producer of the film, as well as its star – were responsible for the death of 42-year-old Halyna Hutchins.

In her parting statement, Reeb reiterated those views.

‘It has become clear 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,’ she said.

‘I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.’

Reeb was elected to the New Mexico representative house in November 2022, taking up the role at the start of this year

Alec Baldwin and the film’s armorer face two charges of involuntary manslaughter stemming from the incident in Santa Fe, New Mexico

Baldwin’s attorney, Luke Nikas, last month filed a motion to have Reeb, a Republican, removed from the case. Baldwin is famously a passionate Democrat.

‘Ms. Reeb’s continued service as a special prosecutor in this case is unconstitutional,’ said Nikas. 

‘The legal question is not a close one. She must be disqualified.’

He pointed to Section 1 of Article III of the New Mexico Constitution, noting that it states that a sitting member of the Legislature may not ‘exercise any powers properly belonging’ to either the executive or judicial branch. 

He added: ‘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.’

Baldwin was formally charged on January 31, along with the film’s armorer, Hannah Gutierrez-Reed.

He has insisted that the shooting was not his fault because he trusted those on set in charge of the weapons.

Reeb, a former District Attorney for New Mexico’s Ninth Judicial District, said at the time charges were announced: ‘We’re trying to definitely make it clear that everybody’s equal under the law, including A-list actors like Alec Baldwin.’

Halyna Hutchins, a 42-year-old married mother of a young son, died in hospital in New Mexico after the accidental shooting

Hutchins’ October 19, 2021 Instagram post showed cast members and staffers, including Baldwin alongside Hutchins herself and armorer Gutierrez-Reed (circled left to right) on the set of Rust in Santa Fe, New Mexico

An aerial view of the Bonanza Creek Ranch in Santa Fe, where the movie was being filmed

On Tuesday, Reeb denied being conflicted by either her political role or Baldwin’s stardom.

‘After much reflection, I have made the difficult decision to step down as special prosecutor in the ‘Rust’ case,’ she said, in a statement released by the District Attorney. 

‘My priority in this case—and in every case I’ve prosecuted in my 25-year career—has been justice for the victim. 

‘However, it has become clear 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. 

‘I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.’ 

Last month, the prosecuting DA’s spokesperson accused Baldwin’s legal team of trying to distract from the case by demanding Reeb’s removal.

‘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,’ said Heather Brewer, speaking to Deadline.

‘However, 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 before Judge Mary Marlowe Summer had been scheduled for February 24, with Baldwin and Reed sent to appear virtually. 

It is unclear how Reeb’s decision will affect the scheduling.

Baldwin’s legal team is yet to respond to DailyMail.com’s request for comment.

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