Word: retrial
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Both Dershowitz and Rosner said they will take their motion for a retrial back to the Supreme Court if necessary. "I'm confident that ultimately I'll succeed," Rosner said yesterday...
...October, the Massachusetts Supreme Judicial Court reversed the conviction in a lengthy opinion critical of Geraway's representation. The state now plans a retrial. Meanwhile, it has successfully argued that Geraway should be kept hi prison for his own safety...
Last week Schultz filed a petition for a retrial of the men, which if accepted by Sirica would cancel his planned review of their sentences. Schultz argued that the men originally pleaded guilty in the belief that they were protecting "national security interests" by doing so. Now they believe they were deceived and made victims of a "cruel fraud." Barker once denied that anyone had pressured the four conspirators into pleading guilty last spring but now says it is a matter of "interpretation" and for the judge to decide. It is known, however, that Schultz is preparing a suit against...
Byrne had three basic alternatives: 1) declare a mistrial, which would expose the defendants to retrial before a new jury; 2) dismiss the indictments in such a way that the government could never again prosecute these defendants for the same alleged offenses (these two might be combined); or 3) send the case to the jury and decide later whether to throw out a possible guilty verdict if further investigation incriminated the Government still more deeply...
Reactions to the verdict were mixed. Okamoto was visibly disappointed. He wrote a request-later handed to Japanese Ambassador Eiji Tokura-that was scarcely likely to be granted: extradition to Japan, retrial, and the death penalty there. Some editorialists applauded Israeli justice, but Ha'aretz's military commentator, Ze'ev Schiff, pointed out a disturbing argument for executing Okamoto after all: "As long as the Japanese murderer is in Israeli hands, he becomes an operational objective, an invitation for murder and extortion against Israel and its citizens. In order to free Okamoto the Red Army is liable...