The Lawson Case asks Stacey Eads

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Evidence, Charging Decisions and the Lawson Case

At the forum at Cal Poly Humboldt, Stacey Eads stated that they have only one more opportunity to bring the Josiah Lawson homicide case before a judge and that more evidence is needed to ensure that they are successful with that attempt. I assume this is a reference to the so-called “second dismissal rule”. My understanding of this is that it would only apply to the second dismissal of the case against the same defendant. As such, it seems that Stacey Ead’s statement is based on the presupposition that any future prosecution would be against Kyle Zoellner as he is the only suspect to have been charged for the homicide and had a case dismissed. 

My question is, if it is unclear whether sufficient evidence exists to show probable cause at a preliminary hearing, much less the proof beyond a reasonable doubt required to secure a conviction, how can you be certain that you are intending to pursue charges against the correct suspect? Continuing on that, can you discuss, generally, how you intend to approach charging decisions, particularly when the strength of evidence is in question?

— The Lawson Case