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But trying her for first-degree murder would oblige the prosecution to present a case involving an alleged crime that took place more than a quarter of a century earlier.
In its brief supporting the Virginia prosecutors, the federal government argued that this procedure was more efficient than requiring the prosecution to present analysts during its case, pointing to the experience in Washington, which used Virginia's system until 2006.
Within this context, "The trial judge permitted the prosecution to present extensive evidence about [Sacco and Vanzetti's] anarchist ideology, immigrant background, and refusal to register for the military draft during World War I".
But in the almost certain absence of written commands signed by Mr. Milosevic ordering specific actions in Kosovo, it will be up to the prosecution to present a convincing argument that military and police units were pursuing a systematic plan laid out by the high command, rather than engaging in erratic acts of vengeance and persecution.
On 25 February 2004, the Trial Chamber ordered that Milošević would have the same time as the Prosecution to present his case-in-chief.
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It held that every court possesses the inherent power to control the proceedings during the course of the trial and that the Trial Chamber, in limiting the time that the prosecution had to present its case, had not interfered with the independence of the Prosecution (Prosecutor v. Milošević 16 May 2002 .26.
While the prosecution tried to present a straightforward account, Mr. Sullivan delivered a complex welter of explanations.
The prosecution failed to present physical evidence, offering not so much as a hair of Officer Moreno's, left behind in the woman's bed, he said.
"The appellant is not entitled to know by which way the prosecution intends to present the facts," Abdull Hamid Embong, a judge in the Federal Court, said in denying access to the evidence.
Among the evidence the prosecution plans to present is testimony by former classmates of Mr. Skakel at Elan, a school for troubled youths in Maine, who will say that they heard him confess to the Moxley killing in the late 1970's.
Today Judge Horowitz also denied a prosecution motion to present evidence about the earlier conviction at a hearing, scheduled for next Monday, where he is to consider aggravating and mitigating factors.
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