In a motion filed on Tuesday, Baldwin's lawyers argued that Andrea Reeb's position as a prosecutor and New Mexico state politician could affect her decision-making within court.
"Doing so vests 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."
The arraignment hearing is set to take place at 10am local time at the Santa Fe Magistrates Court. The PA news agency understands Baldwin's appearance will likely be via video link.Following the hearing, during which Baldwin will file a guilty or not guilty plea, Rust director Joel Souza and lighting director Serge Svetnoy are two of over 40 witnesses that may be called to testify at the preliminary hearing.
This will occur at a later date and decide whether there is enough evidence for Baldwin to stand trial. Mr Souza was also injured during the incident on the set in October 2021, but no charges will be filed over the non-fatal shooting.In a statement of probable cause that was filed along with the charges against Baldwin, the district attorney alleged the actor had shown"wilful disregard" for the safety of others in the days leading up to the incident., during which he was distracted by a phone call to his family.
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