ACTOR Alec Baldwin wants the special prosecutor in his manslaughter hearing dismissed, claiming her involvement is unconstitutional.
His lawyers argued that Andrea Reeb should be disqualified because of her elected position in the New Mexico House of Representatives.
Baldwin, 64, is due to appear in court on February 24 on charges of involuntary manslaughter.
It follows the fatal shooting with a prop gun of cinematographer Halyna Hutchins during the filming of western Rust in October 2021.
Charges were filed last week by the Santa Fe District Attorney’s Office, and Ms Reeb was listed as the special prosecutor.
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But his lawyer Luke Nikas said she “could make prosecutorial decisions that serve her legislative interests”.
He added: “She must be disqualified.”
Ms Reeb was elected as Republican member of the New Mexico House of Representatives for the 64th district in November 2020, taking up the position last month.
The motion to dismiss her comes after the DA's office released a 44-strong witness list for the upcoming hearing, which included several members of the film's production team as well as director Joel Souza.
Souza was also harmed during the incident in October 2021, during which a prop gun held by Baldwin went off and killed Ms Hutchins.
No charges were pressed over the non-fatal shooting of the director.