Mon, Nov 23 2009
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Case against Wilson dismissed Commonwealth could refile, but doesn’t expect to do so By BRAD DICKERSONGlasgow Daily Times “If evidence ever comes up or he does confess to somebody later on that he did this, then we can reindict,” said Traci Peppers, assistant commonwealth’s attorney, who was set to try Wednesday’s case. “If it was with prejudice, then even if he walked out the door today and evidence fell in our lap, then we could never reindict him.”
The defense asked for dismissal with prejudice, while Patton cited his “philosophy on the separation of powers,” as a reason for sustaining the motion to dismiss without prejudice. Despite his client’s asking to proceed with a trial, Stanziano accepted Patton’s decision. “We would have committed malpractice to – in the face of a dismissal, a certain dismissal – to set it for trial when there’s risk,” he said. Peppers added that she explained to the family that juries often need physical and scientific evidence to convict a person of rape. She cited three recent trials where there was no such evidence and a not guilty verdict was rendered. “I just felt like the family shouldn’t be re-victimized in that way and have to go on the stand,” she said. Members of Wilson’s family, as well as other supporters, applauded inside the courtroom once the decision was made. “It’s about doggone time and praise God,” said Teresa Jeffries, Wilson’s sister. For the defendant, Monday’s ruling brings to close a chapter of his life that has taken up almost six years. “It’s been a long road home and a long time coming,” Wilson said. Jennifer Moonsong contributed to this report. 
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