Actor Alec Baldwin leaves his home to face manslaughter charges for shooting cinematographer Halina Hutchins to death on the set of the movie The Last on January 31, 2023 in New York City.
David Dee Delgado | Reuters
Alec Baldwin’s attorneys filed a motion Friday alleging that New Mexico prosecutors wrongfully indicted the actor under a statue that didn’t apply to his case.
Baldwin was charged late last month with two counts of manslaughter for shooting cinematographer Halina Hutchins to death on set in October 2021. If the case goes to trial, a jury will have to decide which, if Baldwin, is guilty of manslaughter.
In a motion filed in Santa Fe’s First Judicial District, Baldwin’s attorneys argued that certain enhancements did not apply to Baldwin because of a change in statutes in May 2022, seven months after the incident. I’m here.
“Prosecutors in this case made an unconstitutional and rudimentary legal error by prosecuting Mr Baldwin under a statute that did not exist at the time of the accident.” Baldwin’s lawyer I wrote it in motion.
At the time of the incident, New Mexico’s Firearms Reinforcement Act applied when a gun was “branded” for a non-felony felony, meaning “brandishing a firearm with the intent to intimidate or injure a person.” defined as
The law was later amended by the New Mexico legislature to remove the mention that a gun must be brandished, court documents say.
Baldwin’s attorneys argue that the new version of the law cannot be applied to acts that occurred before it was enacted, and that retroactive application of the enhancements would be “clearly unconstitutional.”
“The government’s statement of probable causes did not include any allegations that Mr Baldwin acted ‘with the intent to intimidate or harm’, and a description of the alleged conduct was provided by cinematographer Halina. It makes it clear that Hutchins’ tragic death was an accident,” Filing said. state.
“Current statutes are unconstitutional and the government has no legitimate basis to indict Baldwin based on the statutes that existed at the time of the accident.”
In response, Heather Brewer, a spokesperson for the New Mexico First Attorney General’s Office, said the move “reduced the gross negligence and complete disregard for safety on the ‘Lust’ movie set that led to Halina Hutchins.” It was just an attempt to divert,” he said.Death. “
“In accordance with good law practice, the District Attorney and Special Counsel review all motions, including those filed with the media before they are served on the DA,” Brewer said.
“But the focus of the DA and the special counsel will always be on ensuring that justice is served and that everyone is held accountable before the law.”
