By
The Alec Baldwin "Rust" film set shooting case somehow keeps getting more embarrassing for New Mexico prosecutors. The latest? One of them withdrew from the case.
This comes after state authorities last month dropped the gun-charge enhancement that carried the most potential prison time for Baldwin. The actor's defense lawyers pointed out that the enhancement couldn't be used in this case because it was enacted after the alleged crime (whoops).
And now, special prosecutor Andrea Reeb is off the closely watched involuntary manslaughter case. Along with film armorer Hannah Gutierrez-Reed, Baldwin was charged in January in connection with the 2021 shooting death of cinematographer Halyna Hutchins. (Baldwin has pleaded not guilty; a lawyer for Gutierrez-Reed said she plans to do the same.)
Like the dropping of the gun enhancement, this latest move follows an argument raised by Baldwin's defense team. His lawyers claimed that Reeb, a Republican state legislator, violated the separation of powers by serving as both a law enforcer and a lawmaker. “The legal question is not a close one,” they wrote, arguing that she must be disqualified.
Reeb stepped down Tuesday before the legal question could be answered in court. So, technically not an admission that Baldwin’s team was correct. But one would think that, if there was no merit to the argument, then it might not have led Reeb to leave the case before a court could resolve the issue.
I'll acknowledge, however, that the rationale for the prosecution's latest move is less embarrassing than its rationale for downgrading the gun charge last month. When it came to the gun charge, First Judicial District Attorney Mary Carmack-Altwies’ office said its priority was "securing justice, not securing billable hours for big-city attorneys." As I noted then, the statement was a combination of nonsensical and inappropriate, essentially blaming defense attorneys for pointing out the government's apparent charging error.
Improving on that rationale, here's what Reeb said in a statement Tuesday about leaving the case:
After much reflection, I have made the difficult decision to step down as special prosecutor in the ‘Rust’ case. My priority in this case — and in every case I’ve prosecuted in my 25-year career — has been justice for the victim. However, it has become clear that the best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins. I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.
So, a better explanation of a potentially illegal move. I suppose that counts as a win for the prosecution these days. Of course, still being at an early stage in the litigation, we don’t know how the case will end. But Baldwin probably hopes it keeps going the way it's been going for the defense.