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Court starting back up now. Rauch Wise Will now presents his defense on behalf of Will Lewis. Lewis plans to take the stand.
Judge is now addressing defense concerns of double jeopardy. He's referencing some old case file for the matter. Says those cases show a defendant cannot be convicted for the same charges in separate indictments.
Judge saying the events leading to both misconduct in office charges (although a bit different) are the same. Judge saying "at minimum" this would raise questions in the jury's mind on how to separate the two. Says there's no differentiation between the charges in the indictments
Says at this time he is not going to grant the motion. Judge says at the end of the trial, depending on the evidence he may change his mind. Solicitor now taking a closer look at one of the cases in reference.
Solicitor Brackett arguing that there's a difference between the charges because one applied to a public official and the other applies to an elected official. Says facts can be the same but theories of liability are different.
Jury being brought in now.
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