Just two days after Santa Fe District Attorney Mary Carmack-Altwies lost her request to appoint a special prosecutor for the Rust Shooting case which claimed the life of cinematographer Halyna Hutchins, and injured director Joel Souza, the D.A is stepping away from the case.
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At first, former district attorney Andrea Reeb who Mary Carmack-Altwies appointed as a prosecutor for the case voluntarily stepped down from the role of special prosecutor on March 14.
Reeb’s decision to step away came after Alec Baldwin’s lawyers argued that Reeb violated New Mexico’s constitution by working for two different branches of state government.
Rust Shooting Case — Judge Denies D.A. Carmack-Altwies’ Request
On Monday, March 27, Judge Mary Marlowe Sommer rejected Carmack-Altwies’ request to appoint a new special prosecutor to serve as co-council on the case.
Carmack-Altwies told Judge Sommer, “We need extra manpower on this case. All the money in the world doesn’t help prosecute a case if we can’t find the bodies in our office. We are in dire straits.”
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“So, we have to be able to look outside of our offices in order to find people. That is our good cause that we do not have the sufficient manpower to fully prosecute this by ourselves. Bringing on a special prosecutor helps with that by taking on some of the burden of prosecution.”
But Judge Sommer denied her request saying, “You may not co-counsel …you stay the course and not use a special prosecutor and prosecuted on your own. It’s an either or. If you cannot prosecute, you cannot prosecute.”
Rust Shooting Case — Two New Lawyers To Replace Andrea Reeb and Mary Carmack-Altwies
Following her failure to convince Judge Sommer to bring in a new special prosecutor, the D.A. is stepping aside. To serve in her place and in Reeb’s place are, New Mexico attorneys Kari Morrissey and Jason Lewis.
AMP in the post
In a statement released by Carmack-Altwies on Wednesday, March 29, the D.A. said, “My responsibility to the people of the First Judicial District is greater than any one case, which is why I have chosen to appoint a special prosecutor in the Rust case,”
Speaking of her replacements she said, “Kari Morrissey and Jason Lewis will unflinchingly pursue justice in the death of Halyna Hutchins on behalf of the people of First Judicial District.”
That same Wednesday, a spokesman for Carmack-Altwies released another statement saying, “New Mexico First Judicial District Attorney Mary Carmack-Altwies on Wednesday appointed long-time New Mexico attorneys Kari Morrissey and Jason Lewis to serve as special prosecutors in the ‘Rust’ case.”
“Morrissey’s and Lewis’ extensive experience and trial expertise will allow the state to pursue justice for Halyna Hutchins and ensure that in New Mexico everyone is held accountable under the law.”
“With the appointment of new special prosecutors, Carmack-Altwies will step aside from personally prosecuting the ‘Rust’ case, allowing her to focus on the broader public safety needs in New Mexico’s First Judicial District.”
The statement concluded, “Carmack-Altwies will continue her record of prosecuting drunken drivers, collaborating with local law enforcement, increasing diversion efforts and securing convictions against the most dangerous and prolific offenders.”
The October 2021 shooting which claimed the life of cinematographer Halynia Hutchins on the Rust set, had Baldwin who held the gun when it fired, and armorer Hannah Gutierrez-Reed charged with two counts of involuntary manslaughter in January 2023.
Last month February, the gun enhancement charges for both Baldwin and Reed which would have earned them 5 years in jail were dropped.
Baldwin and Reed are currently looking at a maximum of 18 months behind bars and around $5,000 in fines if a jury delivers guilty verdicts. Both have pleaded not guilty.
The preliminary hearing for the case will resume May 3, and will last for two weeks to determine if there’s evidence that’ll lead to prosecution.
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