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"It went to about four different prosecutors.
Different courts and different prosecutors make different decisions.
Until last week, those cases were handled by hundreds of different prosecutors and dozens of judges, he added.
"But they do …" There was nothing unusual about different prosecutors, of varying seniority, coming to different conclusions about whether a crime had occurred, he said.
There are widespread turf fights -- often involving different United States attorney's offices and divisions of the Justice Department in Washington -- as different prosecutors try to gain control of a criminal investigation.
This, she said, creates the possibility of vastly different readings of the guidelines by different prosecutors.
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It is possible that lesser charges could be brought in a state court by a different prosecutor.
"Were there to be a different prosecutor in Boundary County, the charge, or more severe charges such as second-degree murder, could be refiled," Mr. Yagman, who is a lawyer in Los Angeles, told The Associated Press.
Even though the circumstances were different -- prosecutors said Mr. Gregg started the fire to earn money as a contract firefighter, and he all but admitted his guilt in court on Sunday -- it did not make sense to many Apaches that he was in a Flagstaff jail and Ms. Elliott remained free.
In some cases, they have received subpoenas requesting the same information about the same individual from different federal prosecutors.
In the current Lehman investigation, the unusual division of tasks has allowed three different federal prosecutors offices to move forward, at least for now, said the people familiar with the inquiry.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com