A new chapter in the saga of a former Cornell student accused of murdering his father in their suburban Rochester home unfolded on Wednesday morning.
Prosecutors are arguing that Charlie Tan should be retried, after the case was thrown out by a judge in November 2015.
On Wednesday, lawyers for both sides made their arguments in front of an Appellate Court.
The Monroe County District Attorney’s Office argued that this was all about timing – had Judge James Piampiano granted the trial order of dismissal at the time of the mistrial, there would be no issue.
Because the judge waited another month after everyone agreed to a mistrial, ADA Kelly Wolford says they have grounds for an appeal.
Wolford says she believes the decision by Piampiano was calculated.
The ADA is also arguing that double jeopardy does not apply in this case – a statement that Tan’s attorney, Brian DeCarolis, says just isn’t true.
“We argued that it’s not double jeopardy because he agreed to be retried and the dismissal of the jury in the first case when they had not reached a verdict and he went on record saying I understand double jeopardy doesn’t apply I understand ,” Wolford said.
“For them to suggest that double jeopardy was in some shape or form waived by [defense attorney] James Nobles, Charlie Tan, or myself or collectively it’s just not there,” DeCarolis said.
If could be weeks before a decision is made – and even if that decision is in favor of Charlie Tan, there is still recourse for the ADA’s office to simply bring it before a grand jury again.