Arizona judge on whether to dismiss retrial of George Alan Kelly
NOGALES, Ariz. (CBS, KYMA/KECY) - The future of the case against George Alan Kelly is in the hands of a Santa Cruz County Superior Court judge.
It could mean Kelly will no longer face the prospect of another trial, or he could be waiting the rest of his life.
Prosecutors say they need to keep the possibility open they'll have more evidence in the future, but Kelly's defense says the prosecution already tried once and shouldn’t get to try to build another case.
Kelly already stood trial once for second-degree murder for the shooting death of Gabriel Cuen Buitimea, and it ended in a mistrial.
How to dismiss, with prejudice so he's never tried on these charges again, or without prejudice, allowing another trial in the future, is now in front of the Honorable Thomas Fink.
"Should the defendant continue to make statements to the media or write a book, which he has written a book in the past, those are things that may change the state's case," said Kim Hunley, Deputy County Attorney.
"And that's a serious prejudice to the defendant it would mean he and his wife essentially would never be able to talk about this until the day that they die. There is no statute of limitations," Brenna Larkin, an attorney.
"What I'm going to say from now on is going to be the truth, same thing I've said in the past. So. I don't have any conflict in that. That's the way it was. That's the way it is, and that’s the way it's going to be," Kelly spoke.
The judge will issue a written statement, meaning no answers for Kelly or the Buitimea family at this point.
"They want some type of relief, but I'm sorry, I can't give it to them because I'm not responsible for their father's, husband's death. That's all there is to it. But I still have sympathy for them. I know I would be if I were in their position."
George Alan Kelly
Kelly thanked all the people who donated to fund his defense, but said another trial would completely wipe him out financially.
