does anyone know how to get justice in this case?

[flyingfysh]

This is about a tragedy in my family. 31 years ago my cousin was murdered by her husband. He immediately stashed the kids at a neighbor's house, and the authorities didn't bother to do much of an investigation. Now the kids (now grown) are willing to talk about what they saw when they were very small, but we are sill running into problems with local officials.

I just got an email from my aunt (90 years old), and it included this:

Today Nick and I had a meeting with the sheriff and his investigators about re-opening Dana's case. As you know, we have been trying for years to get them to try her murderer. I had a private investigator working on the case, but every time he got to the Sebastian County Courthouse he met a brick wall. This time the sheriff and investigators really thought they had a case, but when it reached the prosecuting attorney it was denied. There were several excuses he listed - the latest is that it would be 'double jeopardy'. ?????????????? I thought that applied when someone was brought to trial and either convicted or found innocent, and then someone wanted to try the case again. But speaking in 'legalize' (or lawyer language) he explained how it would apply here. And I don't understand their language. So, after 31 + years the case is closed. You know, justice is spelled 'just us'. The legal case is closed, but I am not. I talked with Dana's friend, who is a journalist, and he is still interested in writing Dana's story. If something happens to those plans, I will write the story myself.

Does anyone have any idea about how to do more than my aunt has done already??

[Stonepounder]

1. The very first thing that I would suggest would be to talk to an attorney.

Preferably a local one who knows the ins and out of local personalities as well as the law. A good local lawyer will know who's who at the county courthouse and can advise you on you best course of action. Usually an initial consultation is either free or inexpensive.

[REP]

2. If charges were brought and then dismissed "with prejudice," it can't be recharged

It's a rather esoteric concept; here's the Wiki on it:
https://en.m.wikipedia.org/wiki/Prejudice_(legal_term)

[flyingfysh]

3. charges were never brought

So this doesn't apply. They originally believed some made-up story about some untraceable black guy; there never was any such person.

I am verifying the "with prejudice" issue with my aunt, but I would have heard about it if he had ever been charged.

[flyingfysh]

9. I checked with my aunt about this

The guy was arrested, but never brought to trial. My aunt was told st the time that the case could be reopened if new evidence were found. now the kids are grown and taking about it, but the DA doesn't want to do anything.
Curiously, at the same time the guy's mom mortgaged her farm, and now several businesses are sitting on that land. This could suggest some kind of hidden financial motives for not doing anything? It's all very unclear.
My aunt is not rich, and has already spent a lot of money pursuing this. She is 90 and out of resources.

[ChoppinBroccoli]

4. Jeopardy Doesn't Attach Until A Jury Has Been Seated

So if he was never charged, there could be no jeopardy to trigger "double jeopardy" now. The ONLY way there could be a double jeopardy problem is if he was charged and the charges were dismissed with prejudice, he entered some sort of plea and was convicted, OR the case was set for trial and a jury was seated and then something happened to stop the trial.

Bottom line: if he was never charged, there is no FIRST jeopardy, so it can't be double jeopardy now. Sounds like a prosecutor who doesn't want to do his/her job. Either that or the prosecutor doesn't believe there's enough evidence to get a conviction and just doesn't want to tell you that.

And don't let them try to tell you the statute of limitations ran out. There is no statute of limitations on murder.

[Skittles]

5. I would contact your local newspaper

see if you can find a journalist to write a story

[struggle4progress]

6. +

[msanthrope]

7. You need an attorney. Civil. One who is good at wrongful death suits, 1983 actions, and

has the fearlessness to launch against Sebastian County.

[Igel]

8. Good luck with 31-year-old testimony,

esp. if the kids were under 14 or 15.

Memory's a funny thing and it's very easy to create or change memories if you're a kid or if the event involved is traumatic. Yes, you can have the events seared into your memory. But that's not the way to bet--most often they change, evolve, become more elaborated and more consistent among witnesses who talk about it.

[DawgHouse]

10. Is this prosecuting attorney an elected official?