His retrial is scheduled for August 28, 2017.Michael Slager's lawyer: Jury's apparent rejection of murder charge should bar retrial
By Andrew Knapp | The Post and Courier | February 2, 2017
Prosecutors should not be allowed to retry Michael Slager for murder because a jury had apparently acquitted him of that crime in his first trial, his attorney said Thursday.
The defense team made the argument in asking a judge to dismiss the former North Charleston policeman's murder count in Walter Scott's shooting death.
From notes they sent during the proceeding last year and from follow-up interviews, lawyer Andy Savage said it was apparent that the 12 jurors agreed that Slager wasn't guilty of murder. But they deadlocked on the lesser offense of voluntary manslaughter, prompting a judge to declare a mistrial.
Savage cited double jeopardy provisions prohibiting someone from being retried for a crime they have already been acquitted of.
"The mistrial on the murder charge must be deemed an acquittal," he wrote Thursday in the motion, "thus barring reprosecution on that charge."
While the request is considered a long shot — particularly with thin legal authority for it — the case continues to show the difficulty of proving murder in Scott's death despite the stark video evidence that some say supports the most serious charge. Slager, 35, isn't set to be retried until August and, in the meantime, faces a federal proceeding on civil rights charges designed for the prosecution of officers alleged to have used excessive force.
He would face up to life in prison if convicted in either case of the most serious charge.
More at link: http://www.postandcourier.com/news/mich ... d2e6b.html