‘Rust’ Prosecutor Steps Down After Baldwin Challenges Appointment
“After much reflection, I have made the difficult decision to step down as special prosecutor in the ‘Rust’ case,” Ms. Reeb, a former district attorney, said in a statement on Tuesday. “My priority in this case — and in every case I’ve prosecuted in my 25-year career — has been justice for the victim. However, it has become clear that the best way I can ensure justice is served in this case is to step down so that the prosecution can focus on the evidence and the facts, which clearly show a complete disregard for basic safety protocols led to the death of Halyna Hutchins.”
A spokeswoman for the district attorney’s office, Heather Brewer, declined to comment on whether a new special prosecutor would be appointed.
In court papers filed last month, lawyers for Mr. Baldwin argued that Ms. Reeb’s serving as both a legislator and a prosecutor was unlawful because it combined “two core powers of different branches — legislating and prosecuting — in the same person and is thus barred by the plain language of Article III of the New Mexico Constitution.”
A hearing had been scheduled later this month for the judge to determine whether Ms. Reeb should be disqualified from the position.
Ms. Carmack-Altwies, who appointed Ms. Reeb, wrote this month in court papers that Mr. Baldwin’s legal argument was based on a “misconception” that all government employees are members of one of the three branches of government, arguing that district attorneys were not part of the judicial system, but rather part of a “quasi-judicial office.”
But on Tuesday Ms. Reeb stepped down.
“I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand,” she said.
