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Alec Baldwin Looking to Disqualify Prosecutor in ‘Rust’ Shooting Case

Alec Baldwin‘s attorney has filed a motion looking to disqualify special prosecutor Andrea Reeb in the Rust shooting case. Reeb is overseeing the case at this time. According to the filing, it states that having Reeb participate in this case is “unconstitutional” under New Mexico law. That’s due to her being elected to a position in the New Mexico House of Representatives.

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CNN obtained the documents, which were filed on Tuesday in the First Judicial District Court of New Mexico. “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,” according to the motion.

Alec Baldwin Motion Argues That Andrea Reeb’s Position Constitutes Violation Of New Mexico Constitution Provision

Baldwin’s motion argues that Reeb’s position constitutes a violation of the state constitution’s separation of powers provision. Also, Reeb could “make prosecutorial decisions that serve her legislative interests.”

In January, Alec Baldwin was criminally charged in connection with the 2021 fatal shooting on the Rust movie set. The charges against Baldwin and the set’s armorer, Hannah Guiterrez Reed, included two counts of involuntary manslaughter in connection with the death of cinematographer Halyna Hutchins, CNN reports. Now, attorneys for both defendants insist their respective clients are innocent of these charges.

Reeb was not immediately available for comment on Baldwin’s motion. Yet in a January interview, Reeb told CNN that her prosecutorial decisions were not impacted by politics.

“Everybody’s equal under the law. It doesn’t matter if he’s a liberal Democrat and I’m a conservative Republican,” Reeb said. “My job has always been to prosecute crimes and hold defendants accountable and help victims. In this case, it’s no different.”

Prosecutors Claim Baldwin Missed ‘Required Firearms Training’ Before Filming Started

Prosecutors also claim that Baldwin missed “required firearms training” before filming on Rust had begun. Robert Shilling, the district attorney’s special investigator, made a probable cause filing. In it, the filing reveals Baldwin “was not present for required firearms training prior to the commencement of filming,” PEOPLE reports.

Also according to Shilling, a deposition from Rust armorer Hannah Gutierrez-Reed made a claim about Baldwin. It stated that the actor had “limited training in firearms and how to check his own firearm as to whether it was unloaded or loaded.” Baldwin apparently was on the phone and talking with his family while in a classroom setting. That was a 30-minute class on another date than an initial instruction class.