Hannah Gutierrez-Reed’s “Rust” shield is trying to block the appointment of a new prosecutor after the original special prosecutor and GOP representative Andrea Reeb stepped down two weeks ago.
Both Reed and actor/producer Alec Baldwin have been charged with two counts of involuntary manslaughter in the October 2021 death of cinematographer Halyna Hutchins.
On Friday, Gutierrez-Reed’s attorney, Jason Bowles, filed a brief arguing that Santa Fe County District Attorney Mary Carmack-Altwies is trying to abuse a New Mexico statute that allows for the appointment of outside prosecutors.
‘Rust’ Armorer Fights Appointment of Special Prosecutor Amid Involuntary Manslaughter Charges Against Him and Alec Baldwin
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As first reported by Variety, Gutierrez-Reed’s lawyers filed a brief on Friday arguing that Carmack-Altwies abused a New Mexico statute allowing the appointment of an outside prosecutor.
In court documents, his attorney, Jason Bowles, wrote, “The statute was not designed to give the district attorney an additional taxpayer-funded ‘war chest’ to prosecute cases involving actors or ‘high-profile’ individuals.”
Interestingly, Baldwin’s lawyers have yet to object to the appointment of a new special prosecutor in their “Rust” case. Although a special prosecutor is usually appointed when there is a conflict of interest for the District Attorney, one can be named when there is “good cause” to do so.
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Last week, Judge Mary Marlowe Sommer noted that special prosecutors usually “step in and take over the prosecution,” meaning that the District Attorney, Mary Carmack-Altwies, would step aside and let a new special prosecutor take over the job.
Although the District Attorney’s office has asked Judge Sommer to approve the appointment of a new special prosecutor to take over for Reeb, Judge Sommer stated that he would not approve a new special prosecutor without further legal arguments or a waiver from the legal team representing either Hannah Gutierrez -Reed or Alec Baldwin.
Santa Fe District Attorney Alleges His Office Is ‘Understaffed’
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On Friday, Carmack-Altwies released her own filing stating that her office was understaffed. In legal documents, he claims that the office has only twenty prosecutors, and three plan to leave within a month.
Carmack-Altwies claimed that it is also difficult to recruit new prosecutors in the state and argued that a special prosecutor is needed to avoid drawing more resources from an already understaffed office.
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Because of the amount of material in this case, Mary Carmack-Altwies also argued that the special prosecutor would not be able to handle the case alone. The Santa Fe police department has publicized their findings, which total more than five hundred pages of receipts, testimony and evidence collected by FBI Ballistics experts.
“If the court prohibits the District Attorney, and by extension his staff, from participating in the case, all the groundwork that was done will either need to be redone by the special prosecutor or at best need to be reviewed from below,” he wrote in the court filing. “This will increase the workload of the special prosecutor, who is already under great pressure to prepare for the preliminary hearing in five weeks.”
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Carmack-Altwies has also stated that there are no ethical reasons that would prohibit him and a new special prosecutor from working together on the case. However, Jason Bowles, the lawyer for the “Rust” shield, has argued that the District Attorney’s office often handles involuntary manslaughter cases and that the law does not allow outside help to be brought in just because the case involves the famous actor Alec Baldwin.
On Monday, March 27, the judge is set to hear more arguments on the issue. The preliminary hearing will begin on May 3, with the finalized witness list – which has been amended five times now – scheduled to be given to the defense a week earlier.
Andra Reeb Resigns From ‘Karat’ Case To Get ‘Justice For Victims’
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Less than two weeks after Baldwin’s lawyers filed a motion to disqualify the special prosecutor, Reeb resigned himself. New Mexico’s First Judicial District Attorney’s Office, Mary Carmack-Altwies, issued a statement on his behalf.
“After much thought, I have made the difficult decision to step down as special prosecutor in the Rust case,” the statement said. “My priority in this case — and in every case I’ve been prosecuted in my 25-year career — is justice for the victims.”
“However, it has become clear that the best way I can ensure justice is served in this case is to step back so the prosecution can focus on the evidence and facts, which clearly demonstrate a complete disregard for basic safety protocols that led to the death of Halyna Hutchins.”
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“I will not allow questions about my service as a legislator and prosecutor to obscure the real issues,” the statement said.
Last week, Baldwin’s defense team claimed that Santa Fe District Attorney Mary Carmarck-Altwies and former special prosecutor Andrea Reeb violated his “constitutional rights” by threatening his right to a fair trial.
“The government’s actions represent a dereliction of its ethical duty, and it has threatened Mr. Baldwin’s right to a fair trial,” part of the filing states; however, Baldwin successfully dismissed the gun enhancement charge after his legal team successfully argued that it was “unconstitutional.”
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Source: thtrangdai.edu.vn/en/
