TUCSON, Ariz. (13 News) – The future of the case against George Alan Kelly is in the hands of a Santa Cruz County Superior Court judge.

The decision could mean Mr. Kelly will no longer face a new trial, or he could be forced to wait out the rest of his life.

Prosecutors said they needed to keep open the possibility that more evidence could be obtained in the future. Kelly’s defense attorneys said prosecutors had already tried the case once and should not try to file a new case.

“I hope so,” George Alan Kelly said when told that this hearing could be his last in Santa Cruz County Superior Court.

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Kelly has already been tried once for second-degree murder in the shooting death of Gabriel Quyen Buittimer, but the trial ended in a mistrial.

The question now before His Excellency, Thomas Fink, is how to dismiss the charges, whether to prevent them from being tried again on this charge with prejudice, or to allow a future retrial without prejudice. It is being said.

Deputy County Attorney Kim Hanley told Fink, “If the defendant continues to speak out to the media or write a book, which he has written in the past, that could change the state’s case.” “There is,” he said.

“And that’s significant prejudice to the defendant and means that he and his wife can basically never talk about this until they die. There’s no statute of limitations,” Kelly’s attorney Brenna Larkin told Fink. Ta.

“What I say from now on will be true, the same as what I have said in the past. So there is no contradiction in that. It has always been true, it is true now, and it always will be true. “I guess so,” Kelly said.

The judge is expected to issue a written decision, but that means there will be no response from Kelly or the Bouytimere family by Monday afternoon.

“They want some kind of relief and I’m sorry I can’t give it to them because I’m not responsible for the death of their father or husband. That’s all. But I still feel sorry for them. That’s what I would do if I were in their shoes,” Kelly said emotionally.

Mr Kelly thanked everyone who had helped fund his defense, but also said he would be completely financially ruined if the case went to trial.

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