Judge denies double jeopardy claims in fatal shooting case

JUNEAU, Alaska – The Latest on the retrial in a fatal shooting in Mendenhall Valley (all times local):

11:00 a.m.

The retrial of a man accused of fatally shooting another man in a Mendenhall Valley mobile home park will go ahead as scheduled after a judge rejected the defence’s claim that a retrial would be double jeopardy.

KTOO reports (http://bit.ly/2nZIZXU) that online court records show Superior Court Judge Philip Pallenberg denied the defence’s motion for dismissal last week in the trial of Christopher Strawn. A retrial is scheduled to start Oct. 2.

Strawn’s attorneys had argued that any more prosecution of Strawn in the October 2015 shooting death of Brandon Cook would be double jeopardy. Double jeopardy typically applies to a second prosecution for the same offence after acquittal or conviction.

Eve Soutiere (soo-tee-AY’) argued that double jeopardy should also apply to mistrials.

Strawn’s trial came to a halt when his ex-girlfriend referred to domestic violence during her Feb. 14 testimony.

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5:11 a.m.

Attorneys representing a man accused of fatally shooting another man in a Mendenhall Valley mobile home park are calling for a permanent end of any prosecution after the first trial ended in a mistrial.

The Juneau Empire reports (http://bit.ly/2nYEL2K ) that attorneys representing Christopher Strawn say any more prosecution of Strawn in the October 2015 shooting death of Brandon Cook would be double jeopardy. Double jeopardy typically applies to a second prosecution for the same offence after acquittal or conviction.

Eve Soutiere argues that double jeopardy should also apply to mistrials if the mistrial was caused by prosecutorial overreach.

Strawn’s trial came to a halt when his ex-girlfriend referred to domestic violence during her Feb. 14 testimony. Allegations of domestic violence had been barred from the trial.

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Information from: KTOO-FM, http://www.ktoo.org