Prosecutor asks court to dismiss charges in Supreme Court theft case—could refile

By Bill Jaynes
The Kaselehlie Press
June 2, 2017
Pohnpei—There has been no resolution in the State’s case alleging that Ruthy Hadley was involved in the theft of over $123,000 in collections from the Pohnpei Supreme Court.
“With the untimely death of Co- Defendant Eric Elias the State of Pohnpei was unable to proceed with prosecution against Ruthy Hadley,” Attorney Dana Smith said. “The State made a Motion to Dismiss without prejudice. The Defense made a Motion to Dismiss with prejudice. The Court granted the State's Motion to Dismiss without prejudice. The State of Pohnpei's investigation into alleged loss of over $123,000 in collections at the Pohnpei Supreme Court continues and, in the event additional evidence is discovered, a criminal case against could be refiled.”
Dismissing a case “with prejudice” means that the case is closed and charges can never be refiled. Dismissing a case “without prejudice” means that the current proceeding stops but charges could be refiled as more evidence is uncovered. Refiling the charges would not be a matter of double jeopardy.
No determination of guilt or innocence has been established with the dismissal of the case.
Hadley is presumed to be innocent unless proven otherwise in a court of law. That day in court has not come.