Dismiss Crundwell’s case?
DIXON – The attorney representing convicted federal felon Rita Crundwell in her state theft case filed a motion this Wednesday afternoon asking a judge to toss the case, citing potential double jeopardy.
In his motion, Lee County Public Defender Bob Thompson said Crundwell’s plea agreement in her federal wire fraud charge included “acts and dates” also contained in the Lee County indictment.
Although theft and wire fraud are different charges, Crundwell admitted in the federal case to stealing nearly $54 million in city funds “from as early as” Dec. 18, 1990, until April 17, 2012, the day she was arrested at Dixon City Hall, Thompson wrote.
The Fifth Amendment has a double jeopardy clause that prohibits the government from prosecuting a person more than once for the same crime, or from imposing more than one sentence for the same crime. Each state has the same provision in its criminal code.
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