Prosecutor asks court to dismiss charges in Supreme Court theft case—could refile
- Category: News
- Published: Saturday, 17 June 2017 14:03
- Written by Bill Jaynes
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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.