CLARKSBURG, W.Va. -- Defense lawyers are seeking dismissal of a murder charge against an inmate accused of killing another prisoner at the U.S. Penitentiary at Hazelton.
Patrick Franklin Andrews' lawyers argue in a court filing that prosecuting the case would be double jeopardy.
Lawyers Stephen D. Herndon and Harry Trainor Jr. contend that the Andrews, 33, was placed in the prison's Special Housing Unit as punishment for the slaying of Jesse Harris, 28. They say Adams was sent to the unit on the day Harris was fatally stabbed, Oct. 7, 2007.
The Exponent Telegram reported that the lawyers filed their dismissal motion on Monday in U.S. District Court.
If convicted, Andrews could face the death penalty. Co-defendant and inmate Kevin Bellinger could face life in prison.