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Domaingue lawyer says decision to set case aside so close to trial 'rare'
The trial was set to begin Nov. 18 with jury selection, but Gordon said the state had no choice but to set aside the charges pending additional investigation.
“If we run out of time and the court is not granting a continuance, our hands are tied. We can’t go forward knowing there’s more to be done,” she said.
“It’s a shame they got to within 30 days of trial to realize they hadn’t done as good a job as they wanted. So they must have their reasons for doing it. Normally, you would expect that before charging someone with a serious felony, one would have a good understanding of the evidence, and they didn’t,” he said.
Ruoff said this case involved an alleged image that was found on a Microsoft SkyDrive Cloud server that anyone could access.
As for the location of the alleged images on a SkyDrive rather than on a personal computer’s hard drive, she said, “I don’t think it matters much where it is (stored). We wouldn’t have brought charges if we hadn’t seen anything.”
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