2nd Hively Trial Considered

July 31, 2003 - Posted at 7:08 a.m. CDT

LITTLE ROCK, Ark.  --A federal prosecutor is weighing whether to put a former prosecutor from Batesville on trial a second time on charges of racketeering, extortion and mail fraud.

The corruption charges against TJ Hively stemmed from allegations during his six-year term as chief prosecutor of the 16th Judicial District. A March 2002 trial ended in a hung jury. Defense attorney Sam Perroni says Hively is ready if another trial is held.

US Attorney Bud Cummins says no final decision has been made on whether to retry Hively. At his original trial, a judge dismissed all but 16 of 64 charges the former prosecutor faced.

A federal judge ruled yesterday that Hively can be tried on the remaining 16 counts, despite arguments by Hively's attorney that the charges are not valid. Hively's district covered Cleburne, Fulton, Independence, Izard and Stone counties. He left office December 31, 1998.

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