Harris Claims Double Jeopardy Attorney Says Law Bars State From Trying Harris After Acquittal In Federal Court

Kevin Harris is banking on an obscure, 133-year-old Idaho law to stop Boundary County officials from trying him a second time for murder.

In newly filed court documents, attorney David Nevin asked a judge to dismiss first-degree murder and aggravated assault charges against Harris. He is accused of killing a federal agent during the 1992 Ruby Ridge standoff.

It is illegal for the state to try Harris after he was acquitted of murder in a federal court, Nevin said.

“No court (which reviewed a law similar to Idaho’s) has ever permitted a prosecution like this one to go forward,” Nevin said in his written argument.

“The Legislature intended to forbid a state prosecution for an act which has previously been prosecuted … in federal court.”

Six other states, including Nevada and Washington, have a law similar to Idaho’s. In those states, Nevin said the Supreme Court has ruled a conviction or acquittal in federal court bars the state from prosecuting the same case.

Idaho’s law has never been tested.

Boundary County Prosecutor Denise Woodbury filed charges against Harris last month, renewing the debate about the 5-year-old Ruby Ridge case. She was unavailable for comment Wednesday but has dismissed accusations that Harris is wrongly being tried twice for the same crime.

Nevin and Woodbury will debate the issue before a judge later this month.

“We think the (Idaho) statute is the end of the story,” said Dennis Benjamin, another of Harris’ attorneys. “This is not something Kevin wants hanging over his head. He should not have to go through the expense, anxiety and general trauma of being tried again.”

Harris and his friend, white separatist Randy Weaver, had a shootout with federal agents in August 1992. Three people were killed in the 11-day standoff, including Deputy U.S. Marshal William Degan; Weaver’s wife, Vicki; and his son, Sam.

Harris is charged with killing Degan. Woodbury also charged FBI sniper Lon Horiuchi with involuntary manslaughter for shooting Vicki Weaver in the head.

Harris and Weaver were tried in federal court on murder charges in 1993. Both were acquitted.

The Idaho law Nevin is using says the state is barred from prosecuting someone convicted or acquitted within another state, territory or country.

He does not consider the United States and Idaho to be separate sovereign governments. The previous case against Harris was titled “The United States of America v. Kevin L Harris,” he said.

“Our research doesn’t show any court ever held that the term country does not mean the United States. There is no authority to the contrary,” Benjamin said, adding Idaho would stand alone in its interpretation if Harris’ trial is allowed.

He said someone prosecuted in another country could not be made to face the same charges in the United States.

“This is not a matter of someone (the federal government) did a sloppy job and now we have to go clean up after them,” Benjamin said. “It’s not like they spared a lot of expense in this case. They did their very, very, best to win a conviction and lost.”

Harris’ trial lasted three months. The government called 56 witnesses, which included experts from across the country, had hundreds of pieces of evidence and spent more than $1 million on the case.

Justice has been served in Harris’ case, Nevin said.

“To ignore the finding for the federal jury and now try Mr. Harris again … for the same acts for which he was acquitted, would truly work a gross injustice. …”

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MEMO: Cut in the Spokane edition This sidebar appeared with the story: WHAT’S NEXT Attorney David Nevin and Boundary County Prosecutor Denise Woodbury will debate the legality of a state trial before a judge later this month.