Alec Baldwin has sought to have one of the charges of involuntary manslaughter, which could see him jailed for five years, thrown out by a US court.
The first charge can be referred to as involuntary manslaughter and requires proof of underlying negligence.
The second charge is involuntary manslaughter in the commission of a lawful act, which requires proof that there was more than simple negligence involved in a death, and includes a firearm enhancement, which makes the crime punishable by a mandatory five years in jail. But in a filing on Friday, Baldwin’s lawyers said such enhancement had only been enacted last May, seven months after the incident, and that the charge was ‘unlawful’.‘The prosecutors in this case have committed an unconstitutional and elementary legal error by charging Mr Baldwin under a statute that did not exist on the date of the accident,’ the motion read.
‘It thus appears that the government intended to charge the current version of the firearm enhancement statute, which was not enacted until May 18, 2022, seven months after the accident.’ The filing added: ‘Mr Baldwin also respectfully requests that the Court decline to bind over that enhancement.’Baldwin is due to make his first appearance in US court in two weeks on February 24, to face the criminal charges.
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