context: The State had dismissed the 1990 charge because Dr. Wall's body had not been found and because Ms. Chaney could not be located. Although the police attempted to find Dr. Wall's body in 1986, 1988 and 1990, they were unable to do so until 1995, when Mr. Gamble, who was facing federal drug charges, decided to cooperate with authorities. Thus, the delay was caused by the State's legitimate desire to present a stronger case.
citation_a.signal: see also
citation_a.identifier: 816 F.2d 823, 831
citation_a.parenthetical: holding in case where key witness cooperated only after his arrest, that "even though the prosecution has probable cause, it is under no duty to initiate criminal proceedings until it is satisfied that it can establish guilt beyond a reasonable doubt"
citation_a.sentence: See Pino, 708 F.2d at 528-29 (recognizing that uncertainty as to strength of prosecutor’s case is legitimate reason for delay in obtaining indictment); see also Lovasco, 431 U.S. at 795 (deciding prosecutor abides by fairness standards by refusing to seek indictment until he is satisfied he should prosecute and will be able to establish guilt); United States v. Lebron-Gonzalez, 816 F.2d 823, 831 (1st Cir.1987) (holding in case where key witness cooperated only after his arrest, that “even though the prosecution has probable cause, it is under no duty to initiate criminal proceedings until it is satisfied that it can establish guilt beyond a reasonable doubt”).
citation_b.signal: see
citation_b.identifier: 708 F.2d 528, 528-29
citation_b.parenthetical: recognizing that uncertainty as to strength of prosecutor's case is legitimate reason for delay in obtaining indictment
citation_b.sentence: See Pino, 708 F.2d at 528-29 (recognizing that uncertainty as to strength of prosecutor’s case is legitimate reason for delay in obtaining indictment); see also Lovasco, 431 U.S. at 795 (deciding prosecutor abides by fairness standards by refusing to seek indictment until he is satisfied he should prosecute and will be able to establish guilt); United States v. Lebron-Gonzalez, 816 F.2d 823, 831 (1st Cir.1987) (holding in case where key witness cooperated only after his arrest, that “even though the prosecution has probable cause, it is under no duty to initiate criminal proceedings until it is satisfied that it can establish guilt beyond a reasonable doubt”).