: Alec Baldwin asks to have special prosecutor removed from Rust case #IndiaNEWS #International Read Time:3 Minute, 27 Second Actor Alec Baldwin, whos accused of fatally

Alec Baldwin asks to have special prosecutor removed from Rust case #IndiaNEWS #International
Read Time:3 Minute, 27 Second

Actor Alec Baldwin, whos accused of fatally shooting cinematographer Halyna Hutchins, filed a motion Tuesday to remove special prosecutor Andrea Reeb from the case, citing New Mexicos separation-of-powers statute.
The actors legal team argues that Reeb, a member of the New Mexico House of Representatives, should be barred from the prosecutors table because the state constitution states that a sitting member of the Legislature may not exercise any powers properly belonging to either the executive or judicial branch, according to a filing with the First Judicial District Court of New Mexico.
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, according to Baldwins defense.
Representative Reeb is therefore exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional.

The actor, who has denied any wrongdoing in the on-set shooting, also said a politician could be susceptible to undue public pressure.
“A prosecutor who also serves as a legislator could face pressure to make prosecutorial decisions that serve her legislative interests,” the filing said.
And even if she does not allow her legislative interests to influence her prosecutorial choices, the perception of bias could diminish public confidence in the fairness of the criminal process. ”
The office of First Judicial District Attorney Mary Carmack-Altwies scoffed at Baldwins filing — but didnt directly address the actors claim.
“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, her office said in a statement.
However, the district attorney and the special prosecutor will remain focused on the evidence and on trying this case so that justice is served. ”
Reeb told CNN last month that her decisions as a prosecutor were not influenced by politics.
“Everybody’s equal under the law. It doesn’t matter if he’s a liberal Democrat and I’m a conservative Republican,” she said. “My job has always been to prosecute crimes and hold defendants accountable and help victims. In this case it’s no different. ”
Baldwins attorney Luke Nikas has called the charges against the actor a “terrible miscarriage of justice. Nikas has previously said that they would fight the accusations and win.