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Now the Government, denied more time to bring the accused to trial, has moved to dismiss their indictment, hoping later to reindict on additional charges.
On Monday, prosecutors are expected to reconvene the grand jury to ask it to reindict Mr. Fox on felony murder charges.
Mr. Earle said he was confident a new grand jury would reindict Mr. McDuff, who remains in jail.
You'll already have decided that there's no limitations bar, and so under the statute, the P.A.'s office will get one year to reindict with any charges that spring from the same criminal transaction.
A Queens grand jury yesterday refused to reindict a New York City police officer whose first indictment on an assault charge was dismissed by a judge because of improper conduct by prosecutors.
But he pledged to reindict Mr. Ebbers by the end of March, and a spokesman for Mr. Edmondson said yesterday that the federal charges against Mr. Ebbers had not affected those plans.
The three judges sent the case back to Judge Frank Polozola of Federal District Court, who had denied Mr. Rideau's appeal in 1999, with instructions that the State of Louisiana free Mr. Rideau if it does not try to reindict and retry him.