KQV AM 1410

Jan 13, 10:57 AM EST

Dismissal sought of indictment in 1995 fire that killed 3


PITTSBURGH (AP) -- Attorneys for a man awaiting a new trial in a fire that killed three Pittsburgh firefighters more than two decades ago say prosecutorial misconduct and the destruction of evidence should prohibit their client from being tried again.

They asked a federal judge Friday to dismiss the indictment against 40-year-old Gregory Brown Jr.

Brown was originally convicted in Allegheny County in the Valentine's Day fire in 1995 but won a new trial after arguing authorities didn't disclose that witnesses were offered money in exchange for their testimonies.

The Pittsburgh Post-Gazette reports Brown's attorneys claim that to try him in federal court violates his right against double jeopardy.

Prosecutors contend that federal court is a separate jurisdiction. The judge also questioned whether jeopardy is even attached since Brown's first conviction was vacated.

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Information from: Pittsburgh Post-Gazette, http://www.post-gazette.com

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