CLARKSBURG, W.Va. (AP) — Defense lawyers are seeking dismissal of a murder charge against an inmate accused of killing another prisoner at the U.S. Penitentiary at Hazelton.
Patrick Franklin Andrews' lawyers argue in a court filing that prosecuting the case would be double jeopardy.
Lawyers Stephen D. Herndon and Harry Trainor Jr. contend that the 33-year-old Andrews was placed in the prison's Special Housing Unit as punishment for the slaying of 28-year-old Jesse Harris. They say Adams was sent to the unit on the day Harris was fatally stabbed on Oct. 7, 2007.
The Exponent Telegram (http://bit.ly/18jmXjG ) reports the lawyers filed their dismissal motion on Monday in U.S. District Court.
If convicted, Andrews could face the death penalty. Co-defendant and inmate Kevin Bellinger could face life in prison.
Information from: The Exponent Telegram, http://www.cpubco.com