Hollywood star Alec Baldwin accuses DA of 'basic legal error'

 Hollywood star Alec Baldwin's attorneys alleged that New Mexico prosecutors committed a "basic legal error" when they charged him with a five-year gun enhancement that did not apply at the time of the 'Rust' shooting.

In a motion, Baldwin's lawyers asked Judge Mary Marlowe Sommer to throw out the enhancement as a violation of the constitution's "ex post facto" clause, reports Variety.

"The prosecutors committed a basic legal error by charging Mr Baldwin under a version of the firearm-enhancement statute that did not exist on the date of the accident," wrote Baldwin's legal team, led by Luke Nikas, adding that under the state and federal constitutions, "that version of the statute could not apply to conduct that occurred before it was enacted."

Baldwin and 'Rust' armourer Hannah Gutierrez Reed were charged on January 31 with involuntary manslaughter in the death of Halyna Hutchins, the cinematographer who was shot and killed on set in October 2021.

The charge carries a maximum sentence of 18 months in prison, reports Variety.

First Judicial District Attorney Mary Carmack-Altwies and special prosecutor Andrea Reeb also charged a gun enhancement that carries an additional sentence of five years.

But that version of the law did not become effective until May 2022, seven months after Hutchins' death. The version of the law that was in effect at the time of the shooting allowed only a three-year enhancement for "brandishing" a firearm in the course of a felony.

Baldwin's lawyers argued that that version of the law does not apply either because it requires "intent to intimidate or injure a person."

"The government's statement of probable cause contains no allegation that Mr. Baldwin acted with intent to intimidate or injure a person,' and its description of the alleged conduct makes it clear that the tragic death of cinematographer Halyna Hutchins was an accident," Baldwin's lawyers wrote. (IANS)

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