Jurisprudence
Verified Attorney
- Joined
- Mar 16, 2021
- Messages
- 3,042
- Reaction score
- 22,718
Yes, I get all of this - but why not just come straight out with it and issue an arrest warrant for murder? I get that this maybe some sort of 'strategy' - but either they have the evidence that points to B as the killer, or they don't. And seeing as B is still a POI and the only arrest warrant is for fraud, I am guessing they are missing a piece of the jigsaw.
I am sure some savvy defence attorney would come up with a way to play this manhunt for fraud charges as prejudicial in any forthcoming murder trial. Or is that not a thing in the US?
IMO, it is not a strategy, but rather considerations of constitutional restraints. MOO, there are potential speedy trial issues. Usually a trial must commence within 70 days of indictment (if a plea entered) (18 U.S. Code § 3161(c)(1)). But there’s a tolling provision that (IMOO) would apply to stop the running of that clock (18 U.S. Code § 3161(h)(3) (A) and (B)):
[“The following periods of delay shall be excluded in computing the time within which … the trial of any such offense must commence:
… a defendant or an essential witness shall be considered absent when his whereabouts are unknown and, in addition, he is attempting to avoid apprehension or prosecution or his whereabouts cannot be determined by due diligence. For purposes of such subparagraph, a defendant or an essential witness shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence or he resists appearing at or being returned for trial.’]
So, IMOO, if they have the COD and necessary evidence they “could” file an indictment under seal and always do a superseding indictment later. But, IMO, for right now, it’s not necessary – yet because (i) LE is still doing its “due diligence” to locate him and obtain his whereabouts; and (ii) the government now has a returned indictment for a separate federal crime, and that is enough to hold him. They have made a motion for pre-trial detention for if and when he’s found, and in MOO it will be granted based upon his flight alone. https://storage.courtlistener.com/recap/gov.uscourts.wyd.59306/gov.uscourts.wyd.59306.2.0.pdf
If and when he’s found any indictment will be immediately unsealed and/or filed (MOO), he will likely be detained awaiting trial, and his trial should be moved up as priority. (see 18 U.S. Code § 3164(a)) MOO, JMO. (Opinions my own, this is not legal advice).