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Freed ex-sailor can be retried

Updated: Friday, 20 Nov 2009, 7:20 AM EST
Published : Thursday, 19 Nov 2009, 7:31 PM EST

RICHMOND,Va - A federal judge says prosecutors can retry an ex-sailor who received a conditional pardon from Virginia's governor after spending more than a decade in prison for rape and murder.

Derek Tice was one of four ex-sailors known as "The Norfolk Four" who claimed their confessions to the rape and murder of 18-year-old Michelle Moore-Bosko were coerced. Gov. Tim Kaine freed three of the men from prison in August. The fourth had already served his time and was not eligible for a conditional pardon.

Although the men were released, the convictions remained on their records. Tice's convictions were later tossed out, but it was unclear until Thursday whether he could be retried. U.S. District Judge Richard Williams said Thursday that prosecutors have 120 days to decide whether to retry Tice.
 

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