Man convicted in killing off-duty cop released


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SKeefe
October 19, 2006, 08:38 AM
Paperwork error allows convicted killer to post bail; McMaster takes responsibility

http://www.wistv.com/Global/story.asp?s=5535916

There was a thread on this case a while back in which some people seemed to be following pretty closely. I was wondering if anyone who may have followed know any specifics about the current situation?

Mainly I wanted to know if once the paperwork if completed, does he go back to jail or will there be a re-trial?

http://thehighroad.org/showthread.php?t=96982&highlight=rye

edit - Also, I wanted to note that this article states that the man was shot three times, all in the back, whereas previous reports stated he was shot four times, two of which were in the back.

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Lemon328i
October 19, 2006, 11:15 AM
All it is, is that the accused managed to be set free on bail. They are still obligated to show up at trial when the time comes for the defendant's appeal. They are also not supposed to leave the state, commit other crimes, etc.

The DA's in most cases where the person is believed to be a flight risk or danger to the community are supposed to file a motion to deny bail, which they failed to do in this case. It does not mean that this convict has gotten away with it scot free; it is just delayed. If he does try to run and the US Marshals have to get him back, it would just be such a tragedy if he were killed while evading capture..........;)

Pilgrim
October 19, 2006, 12:34 PM
Mainly I wanted to know if once the paperwork if completed, does he go back to jail or will there be a re-trial?
I'm afraid it is not as simple as that. I believe the A/G will have to ask for a bail review hearing to argue higher bail or have it revoked.

It may difficult to argue for higher bail or revoking bail if Rye is sitting quietly at home and complying with all the restrictions that goes with his bail release.

He is out on bail pending his appeal. There will not be a new trial, but a review of his original conviction to see if there was prejudicial trial error. If there was prejudicial error, then a new trial will most likely be ordered.

Pilgrim

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