Alec Baldwin wants 'Rust' prosecutor dismissed as she's a Republican lawmaker: 'Unconstitutional'

[gldstwmn]

Alec Baldwin wants the special prosecutor in his involuntary manslaughter case removed. In Tuesday's new filing, the actor claims Andrea Reeb's status as a Republican lawmaker in the New Mexico House of Representatives is "unconstitutional" — and one legal expert says he has a point. Baldwin was formally charged last week in the fatal shooting of Rust cinematographer, Halyna Hutchins.

(snip)

According to the filing obtained by Yahoo Entertainment, Baldwin — who is known for his liberal views — avoided claiming politics are at play behind the decision to file criminal charges. The motion to disqualify, filed by his attorney Luke Nikas, lays out a constitutional argument.

"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," the document reads. "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... Representative Reeb is therefore exercising either the executive power or the judicial power, and her continued service as a special prosecutor is unconstitutional."

Reeb, who was appointed by the District Attorney to the case, previously said Baldwin, Rust armorer Hannah Gutierrez-Reed and first assistant director, David Halls are responsible for Hutchins's death.

https://www.yahoo.com/entertainment/alec-baldwin-rust-prosecutor-dismissed-republican-lawmaker-220403964.html

[hlthe2b]

3. It isn't that she's R prosecutor. It is that she is current Republican member of state legislature

That is where US constitution may come into play as laid out by the complaint.

[onenote]

12. New Mexico Constitution. Not US Constitution

[cstanleytech]

17. In other words if she wants to proceed with this case she can but she has to resign first?

[hlthe2b]

18. I would guess.

[hlthe2b]

2. A carefully crafted complaint. He might just prevail on that.

[dutch777]

5. Yeah the Republican thing is a non-starter but the constitutional question is interesting

Of course Alec has the best attorneys I am sure, so smart plays to be expected. Won't change the facts in the case though and doubt a replacement prosecutor will be much more inclined to drop charges at this point.

[Permanut]

6. Whoever put live ammo in the gun is the one who should be prosecuted.

[friend of a friend]

8. That person if they can find who did it should be prosecuted,

but the person holding the gun is always responsible.

[Kaleva]

10. According to one report, Baldwin didn't attend a safety meeting

and was reported to have spent time on the phone talking to his family during another, on set, training session

[edhopper]

7. He's not wrong

[Catherine Vincent]

9. I knew the prosecutor was a Trumper

And I'll bet someone or Trump himself made some calls once they found out who was the DA in that area.

[gldstwmn]

11. She was already running for office when she was appointed and that is the crux of the issue

according to documents obtained by Forbes:
Section 1 of Article III of the New Mexico’s constitution states a member of the Legislature may not “exercise any powers properly belonging” to the executive or judicial branch, according to the filing.

In working as a special prosecutor, “Representative Reeb is vested by statute with ‘all the powers and duties’ of a District Attorney,” who has both executive and judicial powers, and “must be disqualified.”

The local district attorney appointed Reeb as a special prosecutor in August to “expedite” the case review process, after Reeb had received the Republican nomination for her state House seat, which she ultimately won, according to the filing.

Baldwin is not making a political argument about Reeb’s appointment, even though she is a Republican and he is a Democrat known for playing former President Donald Trump on Saturday Night Live.

https://www.forbes.com/sites/marisadellatto/2023/02/07/alec-baldwin-moves-to-disqualify-special-prosecutor-in-rust-case-for-serving-as-state-lawmaker/

[Sympthsical]

13. That is a genuinely interesting question

And if you read the salient part of the state's constitution, there's no mistaking both the letter and intent of the provision - they don't want anyone pulling double duty between the branches.

I think they're going to prevail on this one. Seems pretty straightforward.

[keopeli]

14. Baldwin may have some culpability as the Producer, but that would seem to me to be

a civil matter, not criminal. The weapon specialist is the one in charge of ensuring safety re: firearms. There is no way Baldwin knew that the gun was loaded. I'm not a lawyer, but most people in New Mexico (that I know) do not think Baldwin should be charged with murder or manslaughter. We were all surprised by the charges.

The NM Constitution question is a solid win for Baldwin. I had no idea the special prosecutor was in the NM House. Our Constitution is pretty archaic in many respects, but the Special Prosecutor should have never accepted the appointment after she won the R nomination (nor should the DA have made the appointment).

Again, just my opinion and experience in New Mexico.

And can I just reiterate: what the heck was live ammunition doing on a movie set? Ever?

[edhopper]

19. He has already settled

The Civil cases.

[gldstwmn]

30. I have read an awful lot about this case and I find the legal aspects interesting.

Initially I dismissed the idea of sabotage out of hand but the more I read and the further this goes on I do have to wonder if that is what happened here. On the other hand, safety was lax and there were misfires prior to the incident with Baldwin.
And I have to wonder why they thought someone who was running for office could act as a Special Prosecutor.

[keopeli]

15. Really bad headline! Should omit the word "Republican" because it's irrelevant. n/t

[Emile]

23. Yahoo bends to the right!

[ripcord]

16. It doesn't matter who prosecutes because he is guilty

The law says the person holding the gun is legally responsible for its safety.

[edhopper]

20. No it doesn't, not in this case

The responsibility on a movie set is the armorer and asst director.

[ripcord]

21. Hollywood rules do not overrule the law

Neither the armored or the assistant director can legally assume that responsibility.

[edhopper]

24. Yes they do

Otherwise, everyone on a movie set who pointed a gun at someone would be elected.
Same way people can speed, drive recklessly, set of bombs...

[ripcord]

27. So where exactly is this exception to the law for movies?

I'm sure you should have no trouble citing it. Or maybe you could tell me what government agency certifies and licenses movie armorers. You must know some legal facts to make that statement.

[Zeitghost]

35. Mens rea

Does not matter in an involuntary manslaughter charge. Thus the term involuntary.

[gldstwmn]

36. Involuntary manslaughter in New Mexico

says that the defendant must have been aware of the risk of his or her conduct and continued to act. Baldwin had zero expectation of live rounds in a gun that he was handed and told was cold. This whole thing is a dog and pony show.

[JI7]

38. Zero expectation is bs . It's a real gun which he knew and there was a famous case of an actor who

was shot and killed some years back So you know it can happen.

He was also one of the producers and from what I have heard he was doing things on the cheap to avoid paying higher wages.

[Zeitghost]

39. I have a hard time believing

He wasn't aware of the risks of handling firearms. Perhaps if he had attended and paid attention during the required safety meetings he would have been more careful.

[Zeitghost]

33. They speed and drive recklessly

On a closed road or private land where traffic laws don't exist...

And if an actor died in an onset explosion, you can bet there would be criminal charges.

[Zeitghost]

22. Laws don't change on movie sets

If you pull the trigger and kill someone, "I didn't know it was loaded" is not a great defense.

[edhopper]

25. It actually is

because the actor should not be the one to check the safety of the gun.

[former9thward]

28. If you have a real gun in your hands it is your responsibility to check and see if its loaded.

No getting around it. It does not matter if you are an actor, producer, make-up artist, whoever.

[Zeitghost]

34. Again

If you pull the trigger and kill someone, claiming you didn't know it was loaded is not a defense. Neither is claiming someone else was responsible for checking. Being on a movie set does not change that.

It's negligent homicide/involuntary manslaughter.

[Upthevibe]

26. gldstwmn...........

It sounds to me like Alec has a really good case in terms of this specific person not being appropriate for this situation.

Having said that, I'm probably in the minority (here on DU) who believes he IS one of the responsible individuals. I live in L.A. and am not personally in the entertainment industry. However, I have close friends who work behind the scenes (hair & makeup, set design, writers, etc.).

Alec was a producer and that's where the responsibility lies. I don't think there is any question that this film was being done on the cheap-big time!

From Variety.com 2021:

"A leading film and television union in New Mexico has criticized the producers of “Rust” for replacing workers with non-union members and for ignoring complaints about conditions on the set of the Western. The statement by IATSE Local 480 comes in the wake of a fatal accident during filming of “Rust” last week, in which a gun handled by the film’s star and producer Alec Baldwin accidentally discharged killing cinematographer Halyna Hutchins and injuring director Joel Souza.

The incident occurred at the Bonanza Creek Ranch near Santa Fe, New Mexico. Baldwin was rehearsing a quick draw and had been told he was handling an unloaded gun.

We have been greatly disturbed by media reports that the producers employed non-union persons in craft positions and, worse, used them to replace skilled union members who were protesting their working conditions,” the union said in a statement. “That is inexcusable. We are all awaiting the results of the investigation and are cooperating fully with the relevant authorities. In the meantime, we ask the public and media to respect our members’ privacy as they grieve this horrific event.”

In the wake of the accident, the Los Angeles Times released a report stating that members of the film’s camera crew walked off the job in protest over conditions and unsafe practices. The Times went on to report that they were replaced with nonunion crew members. It’s also emerged that the production suffered two misfires with prop weapons before Hutchins was shot. Law enforcement officials have yet to release the results of their investigation, and Santa Fe sheriffs are holding a news conference Wednesday. “Rust” has halted production until the investigation is concluded.

“The officers, members, and staff of IATSE Local 480 express their deepest and most heartfelt condolences to the family and friends of Local 600 member Halyna Hutchins,” the union’s statement reads. “We are devastated by the death of our union sister who is remembered as a leader amongst her peers, a talented and rising star in her craft as a Director of Photography, and as a wife and mother. Her death should never have happened. Union sets should be safe sets. We mourn collectively with our union and film community over this great loss.”

According to its website, IATSE Local 480 represents film technicians working below-the-line on TV and movie productions in New Mexico. These represent workers in 99 crafts over 20 departments. However, IATSE Local 600 – International Cinematographers Guild is the local that would have repped the camera crew members who walked off the job.

In addition, at a press conference on Tuesday, New Mexico Gov. Michelle Lujan Grisham said that if the film industry itself doesn’t put greater on-set safety measures in place, the state government will.

“My expectation is the industry better step up and identify any number of additional improvements and safeguards,” Lujan Grisham said, as reported by the Albuquerque Journal. “If the industry doesn’t come forward with very specific accountable safeguards, they should expect that we will.”

I'm posting the whole article because I've been called out for just posting links. I've posted the link for those who want to read what I just posted (on the link).

I'll add that the actors ALWAYS are to check the firearm themselves even if they're told it's cold. I think Alec ran an unsafe and very lax filming scenario. And, I personally like him and thinks he's a very talented actor, but I actually agree this was gross negligence thereby leading to the involuntary manslaughter charges.

https://variety.com/2021/film/news/alec-baldwin-shooting-rust-crew-nonunion-1235097930/

[gldstwmn]

32. He was one of 13 producers on Rust and his production deal applied to script changes, writing,

a financial investment in the film and back-end profits which he has signed over to Halyna Hutchins husband and son. As someone said further up on this thread, he has already settled monetarily. Did you know that charges were brought without even bringing the case before a grand jury? The judge still has to decide whether or not to move this case to trial.
In light of this information of a politician serving in the New Mexico legislature serving as Special Prosecutor, this whole thing smells highly political. It's a huge gaffe at the very least.
I think Alec Baldwin is a fine actor and I've enjoyed his work immensely over the years but I do not know him personally. I am aware of some of his mistakes and perceived shortcomings. But I do think that he is being railroaded here for the reasons I've mentioned and for political reasons.
As far as the actor always checking the gun, I have read conflicting reports. I have read that once the actor checks the gun the armorer then has to check the weapon again which is hugely time consuming. I have read that some do and some do not check the gun or that the armorer shows it to them, which, if you don't know what you're looking at is pretty pointless.
In the Variety article you linked IATSE is upset with him which is to be understood because the crew that walked off was one of theirs.
SAG-AFTRA on the other hand, has his back going so far as to say:
“The prosecutor’s contention that an actor has a duty to ensure the functional and mechanical operation of a firearm on a production set is wrong and uninformed. An actor’s job is not to be a firearms or weapons expert. Firearms are provided for their use under the guidance of multiple expert professionals directly responsible for the safe and accurate operation of that firearm. In addition, the employer is always responsible for providing a safe work environment at all times, including hiring and supervising the work of professionals trained in weapons.

“The Industry Standards for safety with firearms and use of blank ammunition are ​clearly laid out ​in Safety Bulletin 1, provided by the​ Joint​ Industry-Wide Labor Management Safety Commission. The guidelines require an experienced, qualified armorer to be put in charge of all handling, use, and safekeeping of firearms on set. These duties include ‘inspecting the firearm and barrel before and after every firing sequence,’ and ‘checking all firearms before each use.’

“The guidelines do not make it the performer’s responsibility to check any firearm. Performers ​train to perform, and they are not required or expected to be experts on guns or experienced in their use. The industry assigns that responsibility to qualified professionals who oversee their use and handling in every aspect. Anyone issued a firearm on set must be ​given training and guidance in its safe handling​g and use,​ but all activity with firearms on a set must be under the careful supervision and control of the professional armorer and the employer.”
https://deadline.com/2023/01/alec-baldwin-criminal-charges-rust-shooting-sag-aftra-defends-actor-1235228068/
I honestly didn't want to regurgitate the argument about safety with my initial post but wanted more to focus on the constitutional gaffe and oddity of politician serving in the NM legislature being tapped as Special Prosecutor and what the possible implications of that might be so I'll just leave it at that.

[Upthevibe]

40. gldstwmn........

Last edited Thu Feb 9, 2023, 10:54 AM - Edit history (3)

So I clicked on your link and then read the comments given by industry professionals. I guess you didn't ....

Here's one of those comments:

Thom Williams - A SAG-AFTRA Stunt Coordinator
on January 20, 2023 2:56 pm
NO SAG-AFTRA, I do NOT back you in this in any way, shape, or form. Quit treating actors like they are babies who need to be taken care of. As the person handling the weapon, that performer is quite literally the last line of defense in gun safety. When we do safety checks beforehand, the actor should be an active part of that process and know exactly what is in that weapon. Allegedly, he turned down attending any safety protocols, and then pointed the gun at the Director of photography and fired, resulting in her death.

We also teach the performers to never point directly at somebody. Obviously, that gun safety protocol was not followed either. Every weapon on set whether it is a real firearm, a plastic replica, a rubber weapon, a sword, ANYTHING, should be treated like it is real and will kill somebody. He is not solely responsible, but he absolutely bears responsibility in her death, and should be investigated and charged.

Putting out a statement like this is irresponsible and shows that Duncan Crabtree Ireland and many of you at our guild have no idea how real life and safety on set works.
#GunSafety #SAGAFTRA #JusticeForHalyna #SafetyOnSet

Another one:

Jacek Laskus , ASC, PSC
on January 19, 2023 5:43 pm
Mr Baldwin was as well a producer. He was an employer as well. He should have hired professional people and not dedicated one person to do 2 jobs.
Negligence

I'm posting these two comments because they are individuals who are actually in the industry and they give their names and positions.

Also, here's what George Clooney said on Marc Maron's podcast, WTF, (I have to post the link because....it's A PODCAST and not an article)!!!!!

[Meowmee]

37. Should not have been charged itfp

If she is removed it will probably just proceed with someone else though. My guess.

My question- why no investigation into who put live ammunition in that gun?