New twist on the case Oxide. Lawyers for Alec Baldwin, who was charged with manslaughter last month, are seeking to disqualify the special prosecutor leading the investigation, reports the New York Times.
Filed Tuesday, the motion argues that the choice of the latter, Andrea Reeb, violates the New Mexico Constitution because she is also an elected member of the United States House of Representatives.
“Representative Reeb is not constitutionally authorized to be a legislator and a special prosecutor at the same time,” said Luke Nikas, one of Alec Baldwin’s attorneys.
“This gives a person two powers from two different branches: to legislate and to prosecute, which contradicts Article III of the New Mexico Constitution,” he explained. The motion is Camp Baldwin’s first legal response since the actor was indicted last month.
A maximum of five years in prison
On October 21, 2021, the filming of the western Oxide on a ranch in New Mexico turned tragic when Alec Baldwin activated a gun that was supposed to contain only blanks, but whose very real projectile killed cinematographer Halyna Hutchins, 42, and wounded director Joel Souza.
This rare news had shocked Hollywood and had a strong impact, triggering calls to ban firearms on sets, where live ammunition is already theoretically prohibited.
If convicted of simple manslaughter, Alec Baldwin and Hannah Gutierrez-Reed, who had handled the weapon, risk up to 18 months in prison. But this penalty could be increased to a maximum of five years in prison in case of aggravated negligence.
The drama led to a barrage of civil lawsuits, emanating from various members of the team. In October, Alec Baldwin announced that he had reached a settlement ending civil lawsuits brought by the family of Halyna Hutchins. The amount of it was not disclosed.
Source: BFM TV
