The statement that accompanied the move was pointed. The New Mexico prosecutors tossed the enhancement before a judge could decide the issue. If Baldwin were to be convicted on the gun-enhancement count, he would have faced a minimum five-year jail sentence. Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident.” Hutchins’s death was in October 2021, but the present version of this law did not go into effect until May of last year, ABC noted. After facing a gun-enhancement charge on one of the two involuntary-manslaughter counts Reeb charged him with, Baldwin’s lawyers successfully contended that he couldn’t be charged with the enhancement, arguing, “The prosecutors committed a basic legal error by charging Mr. “Everyone knows Alec Baldwin was holding the gun, there was no question,” said Rachel Fiset, defense attorney and co-founder of Los Angeles–based Zweiback, Fiset & Zalduendo, LLP, but “the fact that they don’t have the gun in pristine condition may make it even harder for the prosecution to prove whether he fired it or not.”īefore all of this drama went down, however, Baldwin secured his biggest legal win to date. Baldwin has said he didn’t fire the gun, while the FBI has said he must have fired it. This could throw a major wrench into proceedings, considering that the gun used on set that day is pretty much the case. Regardless of how damaged or destroyed this firearm is, the fact remains that the literal smoking gun - a key piece of evidence for both teams - might not be usable. Prosecutors took issue with this description and insisted it had been “damaged” during FBI testing but could still be examined. Last week, Baldwin attorney Alex Spiro said in court that the gun at the center of this case had been “destroyed” by the state. “Sometimes, the best defense is a good offense, and Baldwin’s on the offense,” Rahmani added.īefore Reeb announced she was stepping down, Baldwin’s attorneys successfully chipped away at other aspects of her case. The tables are turned, and it’s the other way around.” “You want to be on the offense and putting pressure on Baldwin and his lawyers.
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“They’re in full retreat mode right now, which is not what you want,” said Neama Rahmani, president of West Coast Trial Lawyers and a former federal prosecutor, of the prosecution’s current state. Still, it’s a definite victory for Baldwin and his team, who now have more control over the course of this case. By leaving before the hearing, a legal defeat wasn’t handed down to Reeb. There was a hearing scheduled for later this month to hear arguments over whether Reeb could serve. (She is a member of the New Mexico House of Representatives.) Baldwin’s lawyers contended that it was unconstitutional for her to serve in another branch of government, per Reuters. The tables started turning against Reeb in earnest when Baldwin’s attorneys filed paperwork last month arguing that Reeb should be removed from the case because she works as a state lawmaker. Reeb’s departure in the middle of a high-profile proceeding comes amid other legal plot turns that seem in Baldwin’s favor, raising questions about whether New Mexico prosecutors have enough to pursue the manslaughter case. “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.” Reeb also said, “I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand.” My priority in this case - and in every case I’ve prosecuted in my 25-year career - has been justice for the victim,” Reeb said in a statement. “After much reflection, I have made the difficult decision to step down as special prosecutor in the Rust case. On March 14, yet another twist unfolded in the New Mexico manslaughter case against Alec Baldwin over the Rust set shooting when special prosecutor Andrea Reeb announced she was stepping down from her role.
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