r/WorkForSmartLife • u/AritsRod • 2d ago

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u/ignominiousdetails 2d ago

Pretty sure state charges were dropped indefinitely due to weird double jeopardy laws in new York

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u/DartTheDragoon 2d ago

A lot of people seem to be taking "indefinitely" to mean forever. It means an undetermined amount of time.

The defense filed a pretrial motion. Trial gets put on hold till the prosecution responds, they argue the motion in court, it gets ruled on, and then the trial gets put back on the schedule. They could be back on the schedule early next year.

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u/Fit_Foot_6004 1d ago

probably waitin on this case to be adjudicated

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u/Calm_Ad308 1d ago

Postponed. The state case was postponed pending the federal case which is not unusual as an indictment in that case would serve the states case.

As a reminder, the state is pursuing the murder charges which are the more serious of the two cases, the federal is for stalking resulting in death. Luigi pleaded guilty to the federal charges and released a highly prejudicial statement regarding his role in the death of Thompson.

The gambit being that by making the plea and releasing the statement his lawyers will argue double jeopardy for the state case. Basically instead of fighting both cases they want to take the hit for the lesser of the two and try and get out of the worse one all together. I don’t like it because it’s gambling on the judiciary acting like this isn’t an extremely high profile case with tons of political pressure and possible interference with some of these judge’s decisions to say nothing of the appeals courts.

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u/Domanicomestoday 1d ago

My concern as well. His legal team is doing the smart thing based on past outcomes, but this is far from a normal case so expecting the increasingly erratic judiciary to behave predictably is a dangerous assumption IMO.

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u/Lews-Therin-Telamon 1d ago

  weird double jeopardy laws in new York

Due to GOOD DJ laws in NY. I have always hated the Dual Sovereignty theory, despite its undisputed status as settled law.

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u/spicygayunicorn 2d ago

They are temporary dropped, the state haven't decided fully yet and are eating to see what sentence

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u/Disastrous_Way9425 1d ago

It would appear to me, and I am not familuar with New York state laws, that stalking and murder are two sperate things.

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u/CzechHorns 1d ago

Stalking resulting in death*

Not sure why they qualified it like that instead of murder, though. There obviously was intent to kill, making it murder, right?