The special prosecutor who oversees criminal charges in the Oxide to shoot is to withdraw from the case.
In a statement, Andrea Reeb said she will no longer assist in the prosecution in light of arguments by Alec Baldwin’s lawyers that it is “unconstitutional” for her to participate in the case because of her elected position in the New House of Representatives. Mexico.
“My priority in this case, and in all the cases I have prosecuted in my 25-year career, has been justice for the victim,” the statement continued. “However, it has become clear that the best way I can ensure justice is served in this case is to resign so that the prosecution can focus on the evidence and facts, which clearly show complete disregard for basic security protocols. led to the death of Halyna Hutchins. I will not allow questions about my performance as a legislator and prosecutor to cloud the real issue at hand.”
The move is the latest setback for prosecutors, who charged Baldwin and gunsmith Hannah Gutierrez-Reed with two counts of manslaughter each. It comes less than a month after Mary Carmack-Altwies, the district attorney serving Santa Fe County, filed an amended complaint lowering the charges by removing a recently amended firearms improvement statute that did not exist in the time of incident. The defendants now face a maximum sentence of 18 months in prison if convicted instead of six and a half years.
In February, Baldwin’s lawyers took steps to have Reeb disqualified from the case. They argued that her position as special prosecutor violated the New Mexico constitution since she also serves as a state legislator. Prosecutors in future cases could, for example, try to curry favor with lawmakers by offering them positions on high-profile cases that could boost their careers.
“Representative Reeb is not constitutionally permitted to serve simultaneously as legislator and special counsel,” Luke Nikas, representing Baldwin, wrote in a motion. “Doing so vests two central powers of different branches, to legislate and to prosecute, in the same person and is therefore prohibited by the plain language of Article III of the New Mexico Constitution.” Nikas did not immediately respond to a request for comment on Reeb’s decision to resign.
Reeb was a district attorney for the Ninth Judicial District in New Mexico before resigning in March 2022. She was brought to the case by Carmack-Altwies, who requested a “more qualified attorney to assist in the prosecution of this matter.”
