Baldwin has been charged with involuntary manslaughter for fatally shooting a cameraman on a film set in New Mexico.

SANTA FE, New Mexico — Defense attorneys for actor Alec Baldwin are seeking to disqualify the special prosecutor in the case against him in the fatal shooting of a cinematographer on a film set in New Mexico.

In a motion filed Tuesday in Santa Fe District Court, Baldwin’s legal team said Andrea Reeb’s position as a state legislator bars her under state law from holding any judicial office.

Reeb “exercizes either executive or judicial power, and her continued service as special prosecutor is unconstitutional,” Baldwin’s team argued in the motion.

Reeb, a Republican, was elected to the state House of Representatives in November and began his term last month.

Santa Fe District Attorney Mary Cormack-Altwice’s office rejected the idea that Reeb would be disqualified. In a statement, the office described the motion as nothing more than a legal diversion.

“Mr. Baldwin and his attorneys may use any tactic to distract from the fact that Galina Hutchins died due to gross negligence and reckless disregard for safety on the set of Rust,” the office said in a statement.

Baldwin and set manager Hannah Gutierrez-Reed are scheduled to make their first court appearance via video conference in late February. Both are charged with involuntary manslaughter.

Hutchins died shortly after being wounded during a rehearsal at a ranch outside Santa Fe on October 21, 2021. Baldwin pointed a gun at Hutchins when Hutchins fired, killing her and injuring director Joel Souza.

A manslaughter charge can be brought if the defendant killed while doing something lawful but dangerous and acted recklessly or recklessly.

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