Belton, MO asked in Criminal Law, Domestic Violence, Family Law and Wrongful Death for Missouri

Q: can a case that was just dismissed 3 years ago, that involved a death of a child be reopened?

Medical examiner said it was accident so after 58 or 85 days the guy was in jail for murder charges just got released. The stories don't add up and not do the injuries the child had even dfs said there was multiple injuries they discovered on the child and the injury he obtained from this so called "accident" doesn't match up

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered

A: If it went to trial, no--the double jeopardy clause prevents retrials. The problem is that the DA's office has to be convinced that having had the case thrown out once it's likely to succeed now. In a criminal case it has to be shown beyond a reasonable doubt that the person charged did it--that's pretty tough. I suggest you speak with the victim assistance coordinator at the DA's office if you are a family member of the child.

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