V5 N 29 Dave Laut's Wife to be Retried in His Murder

from CBS News April 11

https://www.youtube.com/watch?v=9ROFxpjh8Z4

OXNARD, Calif. - Jane Laut, who is accused of murdering her husband, Olympic shotput medalist Dave Laut, was re-arrested Friday outside a Ventura County courtroom moments after the murder case against her was dismissed by the prosecutor.

Laut walked tearfully down the hallway escorted by two arresting Oxnard police officers, as her attorney Ron Bamieh yelled after her not to give any statements while in custody.

"We dismissed today, but will be refiling the charges against the defendant for the murder of her husband," Deputy District Attorney Rameen Minoui said.

"Complete chicken s---. It's just complete chicken s--- practice of law," fumed Bamieh in the hallway, insisting the maneuvering was inappropriate for a murder trial.

Minoui insisted dismissing and refiling is a standard legal option available to prosecutors.

Dave and Jane Laut

 AP/VENTURA COUNTY SHERIFF'S DEPT.

Laut's trial has been delayed seven times since it was initially scheduled for July of 2014. She is accused of gunning down her husband, 1984 bronze medal Olympic athlete Dave Laut, on the evening of August 27, 2009. Initially she told police an intruder committed the crime, but she was arrested days later. Bamieh planned to argue self-defense, claiming Laut suffered from battered women's syndrome.

Prosecutor Minoui had filed a motion today requesting the trial be continued until June 9. When the judge denied that motion, Minoui moved to dismiss the case.

Minoui explained his witnesses would not be available for trial and blamed the defense for "effectively delaying the trial two and a half months" by filing motions in January of this year to recuse Judge Nancy Ayers from presiding over the trial. The motions to recuse Judge Ayers were ultimately denied.

In denying Minoui's motion on Friday to continue the trial until June, Ayers pointed out that most witnesses would be available during the trial window if not exactly when the prosecution needed them.

In addition, Minoui said discovery had not been adequately provided by the defense, hindering the state's ability to begin the trial.

In court, defense attorney Bamieh denied withholding discovery and urged that the trial begin despite what he characterized as "whining" by the Deputy DA.

Laut is in custody in Ventura County's main jail, with arraignment expected next Tuesday, at which point the trial process will begin again -- from scratch.