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Sirens & Gavels

Posts tagged: double jeopardy

Ruling delays 2nd Strine trial indefinitely

A appellate court will review a double-jeopardy claim by a Spokane stockbroker accused of killing a woman in a crash two years ago, leading to an indefinite delay in what was to be a November jury trial.

 A jury in February declared Jon Strine (pictured) not guilty of vehicular homicide, but jury polling revealed that jurors weren't unanimous and were instead split 6-6, which led to a mistrial.

Spokane County Superior Court Judge Tari Eitzen denied a subsequent motion by Strine's lawyer, Carl Oreskovich, regarding double jeopardy for a second trial that argues Strine cannot be retried because he's already been declared not guilty.

Oreskovich filed a motion for discretionary review, and an appellate court commissioner ruled this week that “the issue presented involves an important constitutional right and thus appellate review must be immediate to avoid the trial Mr. Strine maintains is barred by the Fifth Amendment's guarantee,” according to the ruling.

Oreskovich said in an email Tuesday that Strine's Nov. 14 trial will not proceed.

“In fact, there will not be another trial until the Court of Appeals decides this issue and only in the event that it is decided against Mr. Strine,” Oreskovich wrote.

The appeal likely won't be heard until April.

 Strine admits to drinking before the June 2009 crash but disputes a state test that placed his blood-alcohol level at .20.

Strine was driving a Mercedes when he crashed into a motorcycle, paralyzing the driver, Gary Keller, and killing the passenger, Keller's wife, Lorri Keller (pictured.)

Past coverage:

Feb. 10: Mistrial declared in vehicular homicide case

Feb. 4: Strine says he wasn't drunk during fatal crash

Jan. 21: Husband recounts fatal crash

2nd vehicular homicide trial moved to Nov.

The second trial of a Spokane stockbroker accused of killing a woman in a crash two years ago has been postponed until Nov. 14.

Jury selection was set to begin Tuesday in the vehicular homicide trial of Jon Strine, but his lawyer, Carl Oreskovich, has appealed Superior Court Judge Tari Eitzens' rejection of his motion regarding double jeopardy.

Oreskovich contends Strine cannot be tried because a jury verdict of 'not guilty' already was read after his first trial in February.

But jurors weren't unanimous in their decision, which led to a mistrial.

Strine admits to drinking before the June 2009 crash but disputes a state test that placed his blood-alcohol level at .20.

Strine was driving a Mercedes when he crashed into a motorcycle, paralyzing the driver, Gary Keller, and killing the passenger, Keller's wife, Lorri Keller.

Past coverage:

Feb. 10: Mistrial declared in vehicular homicide case

Feb. 4: Strine says he wasn't drunk during fatal crash

Jan. 21: Husband recounts fatal crash

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