EL PASO, Texas — A Texas appeals court upheld the dismissal of a man’s reindictment for capital murder on the grounds of “prosecutorial vindictiveness.” Prosecutors failed to prepare its case in a timely manner, promptly turn over evidence to the defense, did not locate “key witnesses” nor do “any forensic testing” until mere weeks before the trial. The reindictment was retaliation for the defendant’s decision to exercise his right to go to trial; a concurring judge says prosecutors “robbed the community” from finding the truth in this case.
Read the ruling here.
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