Alec Baldwin questions prosecutor’s conduct in ‘Rust’ case

Alec Baldwin has questioned the conduct of New Mexico’s district attorney and complained that his right to a fair trial has been threatened by her actions.

Baldwin and his attorneys said comments made by a spokesperson for prosecutor Mary Carmack-Altwies attacking the actor and his counsel had implied his guilt and questioned whether the remarks violated New Mexico’s Rules of Professional Conduct, according to a filing with New Mexico’s 1st Judicial District Court on Tuesday.

Baldwin’s team said Andrea Reeb, who has stepped down as special prosecutor, had also made comments in the media implying the actor’s guilt without noting the presumption of innocence.

“The government’s conduct represented a disregard of its ethical duties, and it has threatened Mr. Baldwin’s right to a fair trial,” Baldwin’s attorney’s said in the filing. A representative for the district attorney did not immediately respond to a request for comment.

The comments by the prosecutors were made after Baldwin’s call to disqualify Reeb, who joined the “Rust” prosecution team last summer during her campaign for a seat in the New Mexico Legislature. The Republican took up her role in the legislature Jan. 1.

Carmack-Altwies could not be reached for comment.

The high-profile prosecution has come under intense scrutiny. Baldwin and armorer Hannah Gutierrez Reed were charged with involuntary manslaughter for the accidental fatal shooting of cinematographer Halyna Hutchins on the set of the western “Rust” in 2021.

Baldwin’s comments were made in a filing withdrawing his request to disqualify the special prosecutor on grounds that her role was in conflict with her position as a representative in the New Mexico Legislature. Nonetheless, his attorneys added that he did not waive his right to challenge the prosecution based on the conduct of the prosecutors.

The actor’s filing seized on revelations by the New York Times this week of private email exchanges between Reeb and Carmack-Altwies that suggested she was working on the prosecution to advance her political career. Neither Reeb nor Carmack-Altwies have commented on the exchange.

“Representative Reeb’s prosecution of this case against Mr. Baldwin to advance her political career is a further abuse of the system and yet another violation of Mr. Baldwin’s constitutional rights,” Baldwin’s attorneys wrote.

In a statement, Reeb said the “charges brought on Baldwin were not for political reasons,” that she did not speak to the media during her campaign and that her communications were taken out of context.

“Mr. Baldwin’s attorneys will do any thing to deflect the situation of their client onto myself and anyone else,” she said. “I think it’s time people start remembering this case is about Alec Baldwin taking the life of Ms. Hutchins. It’s not about anything else.”

The resignation of Reeb from her role was the second blow to the prosecution initiated by Baldwin’s camp.

Carmack-Altwies already had to drop a firearm enhancement charge that added a potential five-year mandatory prison sentence to the involuntary manslaughter charges Baldwin faces. The move came after objections by Baldwin and Gutierrez Reed that the charge was improperly added.

Baldwin’s team noted that the relevant legislation had not taken effect in New Mexico until several months after the shooting took place. What’s more, they argued, the statute that existed at the time applied only to cases in which shootings involved intent to injure, which was not the case with Baldwin since the discharge was accidental.

If the case goes to trial and Baldwin is found guilty, he could face two years in prison. Baldwin has pleaded not guilty to the involuntary manslaughter charges and has denied any wrongdoing.