Actor Alec Baldwin is hoping that some legal moves could help him face a lighter sentence if he is convicted of the two counts of involuntary manslaughter he is currently facing.
Both “30 Rock” actress and “Rust” shield Hannah Gutierrez-Reed have been charged with two counts of involuntary manslaughter in the death of cinematographer Halyna Hutchins. First responder David Halls pleaded guilty to charges of negligent use of a weapon and is expected to testify against them at trial, if it goes that far.
Alec Baldwin’s Legal Team Fights To Remove Firearms Upgrade From ‘Rusty’ Murder Charge
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A new legal filing on Friday saw the actor’s legal team fight to remove the addition of firearms from the two involuntary manslaughter charges against him. The firearms enhancement adds a mandatory five-year prison sentence if he is convicted; however, the statute was not enacted into New Mexico law until months after the shooting.
According to court documents, via Deadline, “The prosecutors in this case committed an unconstitutional and fundamental legal error by charging Mr. Baldwin under a statute that did not exist on the date of the accident.” The paper went on to say, “It therefore appears that the government intends to impose the current version of the gun enhancement statute, which was not enacted until May 18, 2022, seven months after the accident.”
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The involuntary manslaughter charge is a fourth-degree felony and, under New Mexico law, is punishable by up to 18 months in prison and a $5,000 fine. The firearms enhancement on the second charge would carry a mandatory five-year prison sentence if Baldwin is convicted.
“Therefore, the increase should not be binding,” the legal document states. “Applying the current version of the statute would be unconstitutionally retroactive, and the government has no legal basis to prosecute Mr. Baldwin under the version of the statute that existed at the time of the accident.”
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However, the Santa Fe District Attorney has a different opinion. Earlier this week, spokeswoman Heather Brewer argued, “”The District Attorney and special prosecutor are actively reviewing all applicable laws to ensure they have the strongest possible case to get justice for Halyna Hutchins.”
Following Friday’s motion, the Santa Fe District Attorney’s office alleged that Baldwin attempted to “distract attention from the gross negligence and complete disregard for safety on the set of the movie ‘Rust’ that led to the death of Halyna Hutchins.”
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“Another day, another motion from Alec Baldwin and his lawyers in an attempt to distract from the gross negligence and complete disregard for safety on the set of Rust that led to the death of Halyna Hutchins,” spokeswoman Heather Brewer told Deadline.
“In accordance with good legal practice, the District Attorney and special prosecutor will review all motions—even those given to the media—before they are presented to the DA,” Brewer added.
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“However, the focus of the DA and the special prosecutor will always remain on making sure that justice is served and that everyone–even celebrities with high-end lawyers–are held accountable under the law,” added Brewer.
This isn’t the only argument from Baldwin’s legal team. The actor also tried to get the special prosecutor to throw out the case, stating that his involvement was “unconstitutional.”
Alec Baldwin Tried To Throw Out Special Prosecutor’s ‘Rust’ Case
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Earlier this week, lawyers for Baldwin filed a motion to disqualify special prosecutor Andrea Reeb, according to CNN. The document, filed in New Mexico’s First Judicial Court, states that Reeb’s involvement in the case is “unconstitutional” under New Mexico law because of his position in the House of Representatives.
The filing states: “The special prosecutor in this case, Andrea Reeb, is a member of the New Mexico House of Representatives. Under Section 1 Article III of the New Mexico Constitution, however, a sitting member of the Legislature may not ‘exercise any proper authority.’ to the executive or judicial branch.”
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A statement from Baldwin’s attorney, Luke Nikas, as reported by Deadline, said that “Ms. Reeb’s continued service as special prosecutor in this case is unconstitutional.” Nikas added, “The legal issue is not a close one. He must be disqualified.”
However, this is not the only legal battle that Baldwin has faced. Earlier this week, the family of late cinematographer Halyna Hutchins filed a lawsuit against Baldwin, the “Rust” shield, and several other companies and individuals involved in her death.
Halyna Hutchins Family Files New Lawsuit
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In February 2022, Halyna Hutchins’ husband and son filed a wrongful-death lawsuit that was settled in October 2022. As part of the settlement, Matthew Hutchins was named executive producer of the Western film, which was supposed to resume filming in California last month.
That being said, Halyna’s parents and sister have now filed their own lawsuit seeking unspecified damages. At a press conference at his LA office on Thursday afternoon, the family’s attorney, Gloria Allred, was quoted as saying, “There has been no outreach by Mr. Baldwin, no apology.”
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He continued, “We filed a lawsuit today in Los Angeles Superior Court against Alec Baldwin, the producer of Rust, armorer Hannah Gutierrez-Reed, first assistant director David Halls, and other defendants who may be responsible for the death of Halyna Hutchins. May he rest in peace.”
“The resolution is for Matthew and his son, and we are now representing the rest of the family, Mom, Dad, and sister, and there is no resolution for them yet,” Allred added.
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Source: thtrangdai.edu.vn/en/
