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In his appeal for a third trial, the prosecutor Richard Gregorie recalled how Mr. Batiste had been heard in taped conversations saying he "wanted to kill all the devils," a reference to Americans, prosecutors say.
A summary of a letter sent to Judge George B. Daniels from one of Mr. Quattrone's lawyers, and posted on the court's Web site yesterday, said Mr. Quattrone and his lawyers were "involved in a dialogue that possibly could avoid the need for a third trial for this matter".
Federal prosecutors and lawyers for the former investment banker Frank P. Quattrone are in talks that may avoid the need for a third trial of him on charges of obstruction of justice and witness tampering, according to a summary of a letter on the Federal District Court electronic filing system.
This same process was repeated for a third trial.
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Last month, on the verge of a fourth trial for Mr. Schwarz, the federal prosecutors ended their legal pursuit of him with an unusual agreement.
Prosecutors said they would not seek a third trial for a Border Patrol agent charged in the shooting death of an illegal immigrant.
The prisoner's release came after the state of Louisiana agreed to drop its threat to subject him to a third trial for the 1972 killing.
The Wayne County Prosecutor's Office requested the case be dropped rather than pursue a third trial for Weekley after two mistrials.
A third trial date for the men, who were forced out of Westar in late 2002, was pending.
The ruling by Judge Reena Raggi set the stage for a fourth trial for Mr. Schwarz.
Mr. Williams sat quietly at the defense table as the decision for a second trial was announced.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com