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Posted: Wednesday, 22 August 2007 8:50PM

Old Police Shooting Has New Twist and Maybe New Charges



by KYW's Hadas Kuznits

There are new developments in the case of a man who shot a Philadelphia police officer 41 years ago.  That officer died recently as a result of complications from the wounds he suffered in the shooting.

Now, 71-year-old William Barnes (above) is on house arrest until the district attorney reviews this complicated case. He spent nearly half his life behind bars for the 1966 shooting of rookie officer Walter Barclay (right).  But, now that Barclay has died of complications from his old wounds, could Barnes be tried for murder? Joanne Epps, associate dean at Temple Law School says it's possible:

"It used to be in the olden days that you could only prosecute a case for murder if the victim died within a year and a day of the events -- but that's been changed and now there is no statute of limitations for murder."
Epps says the big question is whether this case would constitute double jeopardy:

"It wouldn't, because double jeopardy only applies when you're being tried a second time for the same crime. This individual has been tried and convicted for assault, but he's never been charged with murder."

Epps is curious to find out if charges will be filed against Barnes -- and if so, what would a jury think?

"It will be interesting to know whether people think it’s fair to have to go back and defend conduct that was engaged in nearly half a century earlier."

(Kuznits) "Sounds like it's one for the movies."

(Epps) "Yeah! It might be!"


 
 
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