NORTHAMPTON, Mass. (WWLP) - Defense lawyers for accused murderer Cara Rintala will push for a judge to set bail at 50,000 dollars, following last week's mistrial in Northampton.
Next Monday's bail hearing will determine if Cara Rintala gets out of jail, for now.
Rintala is accused of killing her wife, Annamarie Rintala, inside their Granby home in 2010. Last week, a Northampton jury failed to reach a unanimous verdict forcing the judge to declare a mistrial. But prosecutors are ready for another trial, saying they still have a grand jury indictment against Rintala.
Northampton Attorney James Winston says a grand jury indictment is not a finding of guilt; but a formal filing of charges, "The standard is in a grand jury proceeding is probable cause, it's not beyond a reasonable doubt. As you saw in the trial here, beyond a reasonable doubt which is the highest burden of proof that the prosecution has. Another difference is you just need a super majority of the jurors to indict," Winston told 22News.
Winston says the grand jury process is also very secret and a judge is not present. This means that some of the evidence presented during the indictment could not be admissible during trial.
Winston says having the benefit of hearing the trial could also influence the judge's position; Rintala will face Hampshire County Superior Court Judge Mary Lou Rup, who also presided over her trial, during the hearing.
Judge Rup will have to consider if Rintala is a flight risk.