Re: Witness to part of fatal hike puts father in lead

In article <44A920DD.24CB8579@xxxxxxxxxxxxxxx>,
"Theodore A. Kaldis" <kaldis@xxxxxxxxxxxxxxx> wrote:

Larry wrote:

Theodore A. Kaldis wrote:

Dane wrote:

Ted, here's your answer:

http://www.nydailynews.com/news/crime_file/story/431845p-363943c.html

So the feds had Charles Hynes well and truly by the short hairs. And now
they just got their chesnuts handed to them on a platter ... just
desserts.

What does Charles Hynes have to do with this?

The cops were brought up on federal and not state charges -- and I should
think that it would have been Hynes (he IS still Kings County D.A., right?)
who would have been trying them in Brooklyn (where the murders took place) on
state murder charges. But as the witness against them for the murders is
doing long federal time, Hynes would have had to depend on the feds to
produce the witness. Which means that the feds were sitting in the catbird
seat.

So what? I have people produced from federal custody on a regular
basis. It's not hard to do. And, while the feds have a 5 year statute
of limitations (which is why they needed to rope murders from the 1990s
into a racketeering enterprise that extended to at least 5 years ago),
NY has no statute of limitations for murder.

So it's kind of an opposite Rodney King situation. Instead of the feds
sitting back and bringing civil rights charges after the LAPD cops were
acquitted, Hynes is sitting back and waiting. If the Mafia cops are
convicted (i.e., if their convictions are reinstated on appeal) he
doesn't need to expend resources on the case. But if they're acquitted,
he can bring murder charges.

Although there is a potential double jeopardy argument the defense could
make, because the Brooklyn DA's office did have a role in the
investigation of the case. However, state governments are sovereign
entities from the feds, so double jeopardy doesn't generally apply.
.

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