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But each law presents problems for the prosecutors, and one of them may heighten the conflict between the two prosecutions' theories.
There was another big difference in the two prosecutions - a different federal judge.
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That limitation has not been followed in the three prosecutions that have been brought under the law, according to a recent government brief.
Many were anodyne: the first two prosecutions under a 1955 law prohibiting "harmful publications" for children were both in 1970.
Judge James Garrett of Jefferson County Circuit Court then released the jury, which is sequestered, because the next two prosecution witnesses were not available to testify until Thursday.
There have only been two prosecutions in the last four years, she said.
That was one of only two prosecutions during the government's entire term of office to date, according to figures given to parliament.
While admitting none of the defendants was involved in the bombing, the prosecution made the argument that Lingg had built the bomb and two prosecution witnesses (Harry Gilmer and Malvern Thompson) tried to imply the bomb thrower was helped by Spies, Fischer and Schwab.
The judge seemed to single out the two key prosecution witnesses, Mr. Guzman and Mr. Benefield.
Both defendants were acquitted in the retrial; six jurors interviewed after the trial stated that they did not believe the two key prosecution witnesses.
In 2000, the government launched three prosecutions under the F.C.P.A.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com