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In State Supreme Court in Brooklyn yesterday, an assistant district attorney, Heide E. Mason, asked Justice Cheryl Chambers to authorize the prosecution to get DNA samples from the defendants.
"It's now time for the prosecution to get to work," Cooper said.
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In the last few years, the Justice Department has turned more and more often to "deferred prosecutions" to get companies suspected of wrongdoing to pay fines and change their practices without being charged criminally.
Mr. Ray has had months to bring a prosecution or to get information of persuasive political importance before the voters.
The judge in charge of the investigations has complained that Catholic priests put "undue pressures" on some of the nuns who were important prosecution witnesses, to get them to retract their charges against their sisters.
But this is the critical sentencing or penalty phase of his trial, where the prosecution hopes to get the 21-year-old put on death row by having victims and their families testify that he's essentially a monster.
So the prosecution has to get from the evidence of spending cash to hide an affair (which happened and is generally legal), to proving that campaign donations were made to hide an affair (which did not happen, at least in the literal or traditional sense of the term). .
The prosecution needs to get the jury to believe that first story, and if they believe that first witness, even if the others aren't as strong, they've already convinced the jury that the defendant is at least capable of these heinous crimes.
There is a slender chance that the prosecution will try to get him back into court.
Making it a civilian prosecution appears likely to get the support of most Americans.
In this trial, the prosecution is trying to get around that by arguing that Mr. Muhammad dominated Mr. Malvo, effectively ordering him to kill.
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