(3 Jun 2024)
RESTRICTION SUMMARY:
POOL
Nogales, Arizona – 03 June 2024
1. Arizona state seal
++SHOT ZOOMS IN TO JUDGE++
2. SOUNDBITE (English) Judge Thomas Fink, Santa Cruz County Superior Court:
“Thank you counsel, the matter is submitted. Court will take the matter under advisement and issue a written order.”
3. Shelf of law books in courtroom
4. SOUNDBITE (English) Brenna Larkin, defense attorney:
“We believe that the particular circumstances in this case are such that this case does warrant a dismissal with prejudice. Reason number one being that there’s no statute of limitations for homicide cases, meaning there is no other possible way for Wanda and Alan to get the repose that they need here.”
++BLACK FRAMES++
5. SOUNDBITE (English) Brenna Larkin, defense attorney:
“The public nature of this case has absolutely destroyed any integrity of any investigation that would go forward in the future. Anybody can just study the case, look at the area, and they can come forward and claim to be a witness and in this case, provide information that’s essentially accurate and unable to be tested because all of the information about this case is already out there.”
++BLACK FRAMES++
6. SOUNDBITE (English) Brenna Larkin, defense attorney:
“The last issue I think the court needs to consider as to the composition of the jury in this case. As the court’s aware, there were seven jurors who voted to acquit Mr. Kelly on everything, and there was one person and one person only who said that he was guilty. And that’s the whole reason we’re here. This was not a closed case by any stretch of the imagination.
++BLACK FRAMES++
7. SOUNDBITE (English) Brenna Larkin, defense attorney:
“And to conclude, I would just say that if the prosecution is going to prosecute first and investigate later, there should be consequences for that. The state was aware that their evidence was lacking. The state is still aware that their evidence is lacking, and it’s not right to incentivize that kind of, you know, charge ahead type of prosecutorial investigative conduct.”
++BLACK FRAMES++
8. SOUNDBITE (English) Kimberly Hunley, Deputy County Attorney:
“The state is entitled to retrial. The state has decided that at this time it’s not appropriate to retry the case, based on a number of factors unique to this case.”
++BLACK FRAMES++
9. SOUNDBITE (English) Kimberly Hunley, Deputy County Attorney:
“Most importantly and most concerning, is that the defendant has already started to go on the interview circuit regarding this case. If the defendant wanted to make statements indicating, admissions to this case or admissions. Further admissions in this case, or make statements that are contrary to other statements he’s made in this case, it would also significantly change the state’s position and perhaps allow a retrial.”
++ENDS ON SOUNDBITE++
STORYLINE:
The judge overseeing the case of an Arizona border rancher who was unsuccessfully tried in the fatal shooting of a Mexican man on his property said Monday he will mull whether to leave open the possibility of a new trial later.
Santa Cruz County Superior Court Judge Thomas Fink said he would consider the prosecution’s request to dismiss the case but leave the door open to another trial in case new evidence or witnesses emerge. It was unclear when the judge would decide.
Fink declared a mistrial on April 22 after jurors in the trial of George Alan Kelly were unable to reach a unanimous decision on a verdict.
Afterward, the Santa Cruz County Attorney’s Office had the option to retry Kelly — or to drop the case.
358 words
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