US prosecutors appeal judge’s dismissal of piracy charges against 5 Somali defendants

By Steve Szkotak, AP
Saturday, September 11, 2010

US prosecutors appeal dismissal of piracy charges

RICHMOND, Va. — The U.S. government is appealing a federal judge’s dismissal of piracy charges against five Somali defendants accused of attacking a U.S. Navy ship off the coast of Africa.

Prosecutors signaled their intent to appeal to the 4th U.S. Circuit Court of Appeals in a filing Friday in federal court in Norfolk, where the five are scheduled for trial.

They also are seeking to delay the start of the trial, scheduled for Oct. 19, while they seek to have the piracy ruling overturned by the Richmond appeals court.

U.S. District Judge Raymond A. Jackson on Aug. 17 dismissed the most serious charge against the Somali nationals. He ruled that the government failed to make the case that the men’s alleged actions met the legal definition of piracy.

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