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To: Diana in Wisconsin

"I hope their parents have the means and the desire to sue until the cows come home to clear their names and let them get on with their lives."

In order to prevail in a malicious prosecution claim, at least in most jurisdictions, you need to have prevailed in the criminal case (been acquitted or charges dismissed). One of the reasons the the prosecutor may be clinging to this case is that, if he drops it, he will be making it easier for his office to be sued. I can't think of any other reason to continue with this dog of a case.


130 posted on 12/13/2006 3:08:33 PM PST by Airborne1986 (Well, you can do what you want to us. But we're not going to sit here while you badmouth the U.S.A.)
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To: Airborne1986
Exactly. Depending on the jury, recovery of costs is not going to be easy. The last ray of hope or despair is the jury. Any further action relies upon an acquittal. I don't think a judge will dismiss, so that's out.
149 posted on 12/13/2006 3:38:22 PM PST by Constitutions Grandchild
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