I would anticipate this case is going to have to be retried.
At this point, our office is going to prepare to go to trial again, ... We believe the jury will come to the same conclusion that she is not insane and that she is guilty of capital murder.
We haven't made a decision yet. I think there's several options open to us and that's something work out with all the parties.
We don't believe isolated testimony on cross examination by one of our witnesses had such an impact that it defeated the reliability of all of the other testimony that was presented during the trail. So, that's why we're going to continue to pursue the matter. And that's one of the biggest reasons why we're disappointed.
The case has already been reversed once, so we want to make sure we proceed correctly and appropriately before making any final decisions. That is why we are taking so much care over this.
The case was reversed on appeal. She's gotten a new trial. She's gained the relief she's entitled to, according to the court of appeals.
This is an unusual case, but the state has previously shown that the defendant knew that her conduct was wrong at the time that she committed the charged offenses, and the state will be ready to do so again when the new trial begins.
It is kind-of the same issue, but they have added a couple of different elements to it, a couple of different facts. This is not a double jeopardy claim. The case was reversed on appeal.
We are hopeful that we can now finally place our complete focus upon going to trial.
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