Motion To Dismiss Buzbee Case Filed

Judge Trial Attorney for Eric Buzbee the man accused of killing Spanish Fort businessman Bobby Wilson officially files motion to dismiss capital murder charge against his client

by Pat Peterson

Published: Wed, August 26, 2009 - 5:04 pm CST Last Updated: Wed, August 26, 2009 - 6:50 pm CST

Eric Buzbee attorney officially filed a motion to dismiss the capital murder charge against his client in circuit court Wednesday. Attorney John Beck says since two previous trials against his client ended in mistrials, Buzbee is protected by "double jeopardy."

"The double jeopardy clause protects someone exactly like Eric who has their trial started and then the trial is stopped by the prosecution so they can basically get their ducks in a row and the double jeopardy clause specifically forbids that," says Beck.

Last week, prosecutors asked the judge to declare a mistrial because of a last minute witness the defense was preparing to put on the stand...an expert witness Beck says would prove put Buzbee did not kill Wilson.

"Double jeopardy is not something that's been violated in this case," says Michael Pylant, Baldwin County Assistant District Attorney. "The court was appropriate in granting the matter on the state's motion."

A judge could review the motion to dismiss the case as early as next week.

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really-doe Says:

Thu, Aug 27, 2009 at 11:24 am

thanks for those facts. Someone dropped the ball here and should be held liable for the waste.

SFALresident Says:

Thu, Aug 27, 2009 at 10:23 am

The TRIAL is for the prosecution to convince 12 jurors of the guilt of the defendant. While the victim’s family deserves justice, they are not the one’s on trial.

The crime needs to be solved and as a juror on the first trial am convinced that Eric Buzbee did not commit this crime. The state failed to convince 12 jurors of this. The second trial, the prosecution asked for the mistrial.

The mistrail was requested by the prosecution due to 3 weeks not being enough time to find a medical expert to refute the testimony of a new witness. This new witness was the result of evidence the judge ruled the defense should be given on FRIDAY before the second trial began on Monday. The report based on this evidence was emailed to the defense attorney on Thursday evening. That was six days for the report and evidence to be evaluated by the defense and the prosecution had 3 weeks before this witness would come up on the stand. The DA had access to the medical records before the defense did and had more than enough time to evaluate the records. If they were only looking for someone to “REFUTE” the evidence rather than “ANALYZE” the evidence for truth, the neccesity of the mistrial would be moot.

really-doe Says:

Thu, Aug 27, 2009 at 8:36 am

Hey transporter… tell that to the victim’s family. He should have a full trial.

transporter Says:

Wed, Aug 26, 2009 at 9:40 pm

sure does seem to me like the state or baldwin county don’t have much on this kid. or why would it take three times. i think it should be thrown out,good old da’s office screws up another case.suprise suprise suprise