It is not clear whether Carmack-Altwies will take over the case or appoint a new special prosecutor. Luke Nikas, one of Baldwin's lawyers, reached by CNBC on Tuesday, did not directly comment on Reeb's recusal but pointed back to the reasoning from his motion to disqualify Reeb in which the defense argued there was "no question that Representative Reeb is violating both the plain text and the purpose of the New Mexico Constitution's separation-of-powers provision by serving simultaneously as a legislator and a prosecutor." Reeb and the district attorney filed a motion rejecting that argument on March 6.
"I will not allow questions about my serving as a legislator and prosecutor to cloud the real issue at hand," Reeb said Tuesday.īaldwin's defense lawyers last month filed a motion asking a judge to remove Reeb from the case, arguing that New Mexico's constitution explicitly bars people from holding a position in one branch of government while executing the powers of another branch. Reeb's decision to recuse herself came after weeks of resistance to that idea by her and First Judicial District Attorney Mary Carmack-Altwies, who appointed her. "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," she said. "My priority in this case - and in every case I've prosecuted in my 25-year career - has been justice for the victim." "After much reflection, I have made the difficult decision to step down as special prosecutor in the 'Rust' case," said Andrea Reeb, the special prosecutor, in her surprise statement.
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