December 23, 2007
CrimProf Richard Klein Discusses Troubles of Retrying a Defendant
That's because while Tankleff's defense lawyers can get a nearly complete preview of the prosecution's case just by reading the transcripts from the first trial, prosecutors risk getting caught off guard by new defense evidence.
"Believe me, there's no joy in the DA's office to retry this case," said Richard Klein, a criminal law professor at Touro Law Center. "The prosecution is going to have no new evidence. All the new evidence is coming from the defense."
Klein said even if jurors believe after the trial that Tankleff did kill his parents, there is a chance they will acquit him simply because they feel he has served enough time and is not a danger to society.
"Jurors are more likely to say, 'Enough! This is a different person now. He doesn't represent a threat," Klein said. Rest of Article. . . [Mark Godsey]
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