The court has previously allowed prosecution of General Pinochet for other human rights abuses, tax evasion and corruption.
Judge Koeltl, he said, should have allowed prosecution only when the people charged knew their support would aid terrorist activities.
The sponsor, Representative Carl D. Wimmer, a Republican, said he had removed a key clause that would have allowed prosecution under Utah's criminal homicide laws for a "reckless act of the woman" that resulted in death to a fetus.
In his 79-page decision, Justice Cataldo wrote that Mr. Bermudez's rights were violated because the police had allowed prosecution witnesses to view Mr. Bermudez's mug shot as a group and to discuss his resemblance to the killer.
Justice John Cataldo of State Supreme Court in Manhattan ordered the hearing last month, after defense lawyers presented evidence suggesting that the police had allowed prosecution witnesses to view Mr. Bermudez's mug shot as a group and to discuss his resemblance to the killer.
He noted that a tribe's sovereignty has allowed prosecution of non-member Indians for centuries, until it was limited by Congress.
While the court noted that the Fifth Amendment allowed prosecution by two separate sovereigns, such as the federal government and a state government, it found that an Indian tribe derived its authority to prosecute offenders from the ICRA, which was federal law.
Some states allow prosecutions as long as there was a "predisposition" to the conduct.
In Nepal, for example, the supreme court ordered parliament to amend the rape law in 2002 to allow prosecutions for marital rape after a case brought by the Forum for Women, Law and Development.
