On Friday Silver asked the Second Circuit Court of Appeals to let the Supreme Court weigh in before the Manhattan U.S.
Attorney retries his case.
A spokesman for Acting U.S. Attorney Joon Kim said, «This office still plans to
retry the case as soon as possible.»
Menendez's attorney Abbe D. Lowell said in a statement that after Wednesday's court decision, «the decision of the DOJ to
retry the case makes even less sense than it did last week and we hope it would be reconsidered.»
Prosecutors told Wood they had hoped to
retry the case earlier than June, but Wood deferred to Robert Gage, Skelos» defense lawyer, who said he was tied up on other cases.
I don't think that the Feds should have been able to
keep retrying their case against John Gotti, Jr. and they shouldn't get to retry Bruno's case.
The court can
not retry the case, substituting its discretion for that of the original judge; it must assume the correctness of the decision and consider only the change in circumstances since the order was issued....
The disgraced pol from Albany, Sheldon Silver, asked Friday if the Second Circuit Court of Appeals to let the Supreme Court weigh in before the Manhattan U.S.
Attorney retries his case.
Prosecutors said they would
retry the case.
If the defendants are indeed granted a new trial, prosecutors would then need to decide whether to
retry the case.
Prosecutors ultimately declined to
retry the case, saying witnesses were scattered around the world, the Centre Daily Times reported in 2006.
«We sent the message to prosecutors, asking them to
retry the case and to do a better job next time,» Drath said.
Though jurors couldn't arrive at a decision in the manslaughter trial, they said they wanted to send prosecutors a clear message to
retry the case.
Silver's attorneys say they are «grateful» for the decision, but the U.S. Attorney's office for New York's Southern District said it will
retry the case.
«While we are disappointed by the Second Circuit's decision, we respect it, and look forward to
retrying the case.»
For prosecutors,
retrying a case — recompiling witnesses and exhibits, reviewing old jury arguments — often does not have the same spark as the first time.
After yesterday's mistrial, defense lawyer Tony Ricco said the prosecution's plan to
retry the case «is certainly something we anticipated, and we look forward to the retrial.»
«While we are disappointed by the Second Circuit's decision, we respect it, and look forward to
retrying the case,» Acting U.S. Attorney for the Southern District of New York Joon H. Kim said in a statement.
Silver's attorneys say they are «grateful» for the decision, but the U.S. Attorney's office for New York's Southern district says it will
retry the case.
Federal prosecutors quickly vowed to
retry the case, noting that the appeals court said that the evidence against Mr. Silver was legally sufficient to support a conviction.
«While we are disappointed by the Second Circuit's decision, we respect it, and look forward to
retrying the case,» Manhattan Acting US Attorney Joon H. Kim said in a statement.
«We respect it, and look forward to
retrying the case,» Kim wrote.
Joon H. Kim, the acting United States attorney for the Southern District of New York, said in a statement that although his office was disappointed by the ruling, «we respect it, and look forward to
retrying the case.»
Federal prosecutors say they will
retry the case.
A federal appeals court overturned the conviction in July 2017, but federal prosecutors said they would
retry the case.
Joon Kim, the Acting U.S. Attorney in the Southern District of New York, said in a statement that prosecutors were «disappointed» in the decision, but «look forward to
retrying the case.»
Silver's attorneys say they are «grateful» for the decision, but the US Attorney's office for New York's Southern District says it will
retry the case.
Obtained dismissal of drug trafficking charges against client by obtaining a hung jury and persuading the government to decline to
retry the case.
The case against Wilkins was weak, the trial ended with a hung jury, and the district attorney eventually declined to
retry the case.
The appellate court must not
retry a case and must not substitute its views for the views of the trial judge according to what the appellate court thinks the evidence establishes on its view of the balance of probabilities.