Alec Baldwin's attorney seeks to disqualify special prosecutor who investigated 'Rust' shooting

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Alec Baldwin's attorney seeks to disqualify special prosecutor who investigated 'Rust' shooting
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SANTA FE, N.M. — Alec Baldwin's attorney moved on Tuesday to disqualify the special prosecutor in New Mexico who investigated him over the fatal shooting of cinematographer Halyna Hutchins on the set of 'Rust.'

2021 Robert F. Kennedy Human Rights Ripple of Hope Award GalaSANTA FE, N.M. — Alec Baldwin's attorney moved on Tuesday to disqualify the special prosecutor in New Mexico who investigated him over the fatal shooting of cinematographer Halyna Hutchins on the set of"Rust."

"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," Baldwin's defense attorney, Luke Nikas, wrote in a motion filed on Tuesday. "A prosecutor who also serves as a legislator could face pressure to make prosecutorial decisions that serve her legislative interests, such as by prosecuting a prominent defendant associated with an opposing faction within the Legislature even in the face of conflicting evidence or law," the motion continued.

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