special prosecutor

Alec Baldwin ‘wants his day in court’ as district attorney disputes claim ‘Rust’ firearm has been destroyed

Alec Baldwin’s lawyer told a judge Thursday the former “30 Rock” star “wants his day in court,” and claimed the gun used in the fatal “Rust” shooting was destroyed by the state.

However, Heather Brewer, spokesperson for the office of the New Mexico First Judicial District Attorney, confirmed with Fox News Digital that the gun has “not been destroyed by the state.”

“The gun Alec Baldwin used in the shooting that killed Halyna Hutchins has not been destroyed by the state. The gun is in evidence and is available for the defense for review,” Brewer said.

“The defense’s unexpected statement in the status hearing today that the gun had been destroyed by the state may be a reference to a statement in the FBI’s July 2022 firearms testing report that said damage was done to internal components of the gun during the FBI’s functionality testing . However, the gun still exists and can be used as evidence.”

Baldwin previously pleaded not guilty to two counts of involuntary manslaughter in the death of cinematographer Halyna Hutchins. He was charged in January, more than a year after the fatal shooting on the “Rust” film set.

Alec Baldwin's lawyer revealed the "Rust" gun used in the <a href=fatal shooting of Halyna Hutchins was destroyed by the state of New Mexico.”/

Alec Baldwin’s lawyer revealed the “Rust” gun used in the fatal shooting of Halyna Hutchins was destroyed by the state of New Mexico. (Mark Sagliocco)

Alex Spiro, who represents Baldwin, and Jason Bowles, who represents armorer Hannah Gutierrez-Reed, appeared Thursday before a judge for a status hearing in the case.

ALEC BALDWIN’S INVOLUNTARY MANSLAUGHTER CASE INTENSIFIES AS ‘RUST’ PROSECUTOR FIRES BACK

The actor’s lawyer informed the judge that the gun used by Baldwin had been destroyed, but didn’t give any details as to why or how. The gun had been sent for testing by

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Alec Baldwin’s attorney seeks to disqualify special prosecutor who is suspected of ‘Rust’ shooting

Alec Baldwin’s attorney moved on Tuesday to disqualify the special prosecutor in New Mexico who was suspected of him over the fatal shooting of cinematographer Halyna Hutchins on the set of “Rust.”

The special prosecutor, Andrea Reeb, is a member of the New Mexico House of Representatives. She was elected to her first term last year and assumed office on Jan. 1.

“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.

PHOTOS: Rep.  Andrea Reeb talks with people on the floor of the New Mexico House of Representatives before the start of a session, Feb.  1, 2023, in Santa Fe, New Mexico.

Rep. Andrea Reeb talks with people on the floor of the New Mexico House of Representatives before the start of a session, Feb. 1, 2023, in Santa Fe, New Mexico.

Albuquerque Journal via Zuma Press

Baldwin has been charged with two counts of involuntary manslaughter in connection with the death of Hutchins.

His defense attorney argued Reeb could not simultaneously exercise legislative and judicial power.

“Were the arrangement here approved by the courts, future District Attorneys could seek to curry favor with legislators who control their budgets by appointing them to high-profile cases — distorting the legislative process,” Nikas said in the motion to disqualify.

“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.

The filing cited a funding request from First Judicial District Attorney Mary Carmack-Altwies of $635,500 from the New Mexico Board of Finance for the prosecution of individuals related to the Rust shooting. The proposed budget included $156,000 for Reeb’s salary.

PHOTO: This handout file image courtesy of Santa Fe County Sheriff's Office released April 25, 2022, and part of the investigative files, shows actor Alec Baldwin being processed after the death of cinematographer Halyna Hutchins.

This handout

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Trump-backed Michigan attorney general candidate was ‘one of the prime instigators’ in a plot to breach voting machines, AG says

In this March 5, 2020 file photo, Michigan Attorney General Dana Nessel addresses the media during a news conference in Lansing,

In this March 5, 2020 file photo, Michigan Attorney General Dana Nessel addresses the media during a news conference in Lansing,Dave Eggert/AP

  • Michigan’s AG is asking a special prosecutor to probe her Trump-backed opponent, Politico reports.

  • GOP AG candidate Matt DePerno “orchestrated a coordinated plan” to breach voting machines, she said.

  • Reuters reported that DePerno led a team that accessed a voting machine in an attempt to prove fraud.

Michigan’s Attorney General Dana Nessel is asking a special prosecutor to investigate her Trump-backed opponent for his role in a “coordinated plan” to breach voting machines, Politico reports.

Reuters reported on Sunday that Matthew DePerno led a team in accessing and possibly tampering with a ballot tabulator from Richfield Township in Roscommon County, a small county in northern Michigan that backed former President Donald Trump by 30 points in 2020.

DePerno, now the Republican nominee for attorney general in Michigan, presented the photograph and serial number of the Roscommon County tabulator, an Election Software & System DS200 scanner, in part of a lawsuit challenging the election results in a separate county, Reuters found.

Nessel, whose office has been investigating multiple instances of voting equipment breaches in Michigan for several months, asked for a special prosecutor to probe the breaches that DePerno is accused of leading in a court filing obtained by Politico.

In the petition, Nessel wrote that DePerno and three of his associates are accused of having “orchestrated a coordinated plan to gain access to voting tabulators” that were used in three counties.

Three of DePerno’s associates, according to the petition, took the machines to hotels and Airbnbs where they “broke into the tabulators and performed ‘tests’ on the equipment” and “it was determined during the investigation that DePerno was present at a hotel room during such as ‘testing.'”

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