Linda Deutsch of the Associated Press is reporting that Spector's defense team went before a judge today to ask for an "indefinite stay" in the retrial, currently scheduled to start on October 2nd, 2008.
At issue is the defense teams "double jeopardy" motion that Judge Fidler had denied last month. The defense had argued that since the Court made a ruling in the first trial that lesser included (voluntary and involuntary manslaughter) charges could not be presented to the jury to consider, that is tantamount to an acquittal of those charges, and therefore the prosecution must be barred from being able to present those charges in the retrial. The stay would give the defense team time to appeal Judge Fidler's earlier ruling.
The Associated Press
CNN.Crime
Wednesday, August 13, 2008
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2 comments:
Oh Gawd NO! Not another possible delay!
Kitty
Give me a royal break! If this tactic is allowed, we have no hope for Justice in this case and for Lana and her family. When will the decision be rendered on this lame motion?
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