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Defense seeks dismissal of rape charges ahead of retrial

Defense seeks dismissal of rape charges ahead of retrial

November 25, 2017 04:12 PM

PITTSFIELD, Mass. (AP) - An attorney for a Massachusetts man facing a second trial on charges he allegedly raped a 15-year-old girl three years ago wants the case dismissed.
    
The Berkshire Eagle reports the Pittsfield trial of 42-year-old Christopher Root was scheduled to begin Monday. The case against him ended in a mistrial in July.
    
Defense attorney Joshua Hochberg submitted motions this week arguing the court erred in its handling of letters introduced into evidence, constituting a double jeopardy issue.
    
A judge could decide to dismiss the case, canceling the trial. Hochberg says he plans to appeal if the judge rules against the motions, which would delay the trial. A decision is expected in the next couple of days.
    
Prosecutors say the alleged assaults occurred in 2014.
    
Hochberg has said the assaults "simply didn't happen."
    
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Information from: The Berkshire (Mass.) Eagle, http://www.berkshireeagle.com

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