Ariz. inmates' cases won't go back to grand jury

AP News
Posted: Oct 19, 2010 8:42 PM
Ariz. inmates' cases won't go back to grand jury

An Arizona judge has denied a request to send the case of a captured Arizona fugitive and his alleged accomplice back to grand jurors.

Attorneys for John McCluskey and Casslyn Welch had argued that the grand jury wasn't properly instructed on its authority, was presented with prejudicial evidence and one of the jurors might not have been qualified to serve.

A Mohave County judge disagreed with the defense lawyers Tuesday, saying their clients were not denied substantial procedural rights.

McCluskey and Welch face felony charges of escape, kidnapping, armed robbery and aggravated assault.

Welch is accused of helping McCluskey and two others inmates escape from the state prison near Kingman in July. The two were captured weeks later in eastern Arizona.