Judge: District attorney can’t be co-counsel in Baldwin case

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Judge: District attorney can’t be co-counsel in Baldwin case
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Baldwin and movie armorer Hannah Gutierrez-Reed have pleaded not guilty to charges of involuntary manslaughter in the shooting death of cinematographer Halyna Hutchins.

and objections that Reeb’s role as a state legislator created conflicting responsibilities.

Carmack-Altwies has been preparing to appoint a new special prosecutor and also guide the complex case as co-counsel. But a defense attorney for Gutierrez-Reed objected to the arrangement, arguing it would be illegal under New Mexico law and fundamentally unfair to a 25-year-old defendant with limited financial resources.

Marlowe Sommer, the judge, said Monday during a court hearing by videoconference that the district attorney had misread key provisions of state law in assembling a team to prosecute the case. “Basically, what I’m ruling, Ms. Carmack-Altwies, is that you are going to use in the way I’ve interpreted it, which means that you may not co-counsel, or you stay the course and not use a special prosecutor and prosecute it on your own,” Marlowe Sommer said.

Baldwin’s attorneys did not intervene in Monday’s arguments. A weekslong preliminary hearing in May will decide whether evidence against Baldwin and Gutierrez-Reed is sufficient to proceed to trial.The district attorney said her agency is contending with a shortage of staff attorneys and that a new special prosecutor will need her help in getting up to speed on the case quickly.

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