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Gabe Watson's lawyers ask judge to dismiss murder charges in Alabama
Valeska said Friday the law generally prohibiting double jeopardy does not apply in cases like this one, and the state has jurisdiction.
The defense also argued that Tina Thomas Watson was not kidnapped. She helped plan the honeymoon trip, took lessons and became a certified diver, willingly got on the plane and traveled around Australia with her new Converse All Star Black Leather Low Top
Gabe Watson's lawyers asked a judge this week to dismiss state capital murder charges in the 2003 death of his bride during a diving trip in Australia while on their honeymoon, court records show.
The attorney general's office has two weeks to respond. A hearing is scheduled for April 28 and Watson's trial is set for Converse All Star Low Tops Colorful
The defense argued in this week's motions that state prosecutors do not have jurisdiction to pursue charges. Trying Watson in Alabama when he already has been convicted and punished in Australia also would be double jeopardy, Bloomston wrote.
No changes were made to the policy. The defense argued in this week's motions that any testimony to that effect would be inadmissible hearsay.
In the motions filed this week, the defense asked Circuit Judge Tommy Nail to dismiss both charges.
"We'll answer their motions with the appropriate law." he said. "We know what we have to prove. We can prove it."
He is charged in Alabama with intentionally killing Tina Thomas Watson. One count alleges he killed her for monetary gain and the other alleges he killed her during a kidnapping.
that before the trip, the defendant tried to get Tina Thomas Watson to increase the amount of her life insurance and name him as the beneficiary, which she discussed with her father.
"I've been called 'vindictive' for 40 years," said Don Valeska, the assistant attorney general who is prosecuting the case. "Every murderer I've ever tried has said that."
"At no time was Tina Thomas Watson ever tricked or deceived into traveling to Australia, nor did the defendant ever intentionally and knowingly restrict her movements once they arrived," wrote Bloomston, whose co counsels are Joe Basgier and Michael Hanle.
husband, Bloomston wrote.
The Alabama charges are the result of "vindictive prosecution" by the state Attorney General's Office, which protested the Australian sentence and publicly vowed to get justice in Alabama, defense lawyer Brett Bloomston wrote in one of several motions filed Tuesday.
Watson was charged in Australia with murder, but pleaded guilty in 2009 to a charge Converse All Star Hi Black Sale that he negligently caused his wife's death by failing to perform his duties as a dive buddy.
Watson, 33, was charged in Alabama late last year after he served 18 months in an Australian prison for the death of Tina Thomas Watson.
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The state prosecution contends Gabe Watson hatched the plan in Alabama to kill his wife and cash in on her life insurance, then kidnapped her by luring her to her death in Australia.
31, 2011. (The Birmingham News / Michelle Campbell)
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