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four indictments for the barn burnings rather than one)...Because I believe that uncertainty could be removed if the Commonwealth proceeded on only one such indictment I am directing a new trial...” the judge ruled.
Commonwealth’s attorney Douglas Baumgardner announced that he will ask the next regular grand jury for one indictment for he burning of the four barns and will proceed with a trial if the grand jury returns a true bill.
With the Commonwealth' seeking a new trial, defense attorney Lee Albrecht asked for a continuance in the sentencing of his client until after that trial. If a second guilty verdict is reached on the consolidated arson charge and if Martin decides to appeal, he can combine both cases in a single appeal proceeding, Albrecht said. According to the defense
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