This is NOT asking if, should one be wrongly convicted of a murder that never actually took place, can one be re-tried, if on release from prison, one kills the guy one was supposed to have bumped off before…
Different scenario altogether. I used to live in Maryland; Silver Spring to be exact. My kids went to Kennedy High School there with a guy by the name of Sam Sheinbein. Turns out Sam & a buddy didn’t like the way a drug deal went down, and hacked a 3rd guy to pieces which were deposited in a local dumpster. Sam’s buddy committed suicide in jail. Sam’s dad has dual Israeli-USA citizenship and business ties to Israel. Sam has been to Israel, but mainly for sight-seeing/ be with dad purposes. He eludes the Montgomery County cops, hops a plane to Israel, and claims Israeli citizenship. (Israel in 1996 has a law prohibiting extradition of any citizen to any other country).
3 years later, Sam is still in Israel. Israel has decided it is bound by the law not to extradite Sam. (That law has since been repealed, largely due to Sam’s situation, but it still protects Sam). Sam agrees to plead guilty, in Israel, and will serve a “24 yr”, well 16 yr until parole, well actually, in 6 yrs, he gets to go home for weekends, sentence in Israel.
Let’s say that 30 years later, he decides to return to the US. Can the sate of Maryland still try him? There is no statute of limitations for murder. There is overwhelming evidence (DNA, taped confession from buddy in jail, eyewitness accounts on deposition) that the DA will hold onto forever. Does the prohibition against retrial for the same offense protect him since his original conviction was in Israel?
Sue from El Paso