By REBECCA EVERETT
@GazetteRebecca
Daily Hampshire Gazette
NORTHAMPTON — In a now familiar dance, attorneys in the case of Cara Rintala argued Friday whether the court should set a date for her third trial on a charge of murder, or delay it while the state’s Supreme Judicial Court hears a defense appeal to prevent another trial.
Cara Rintala is accused of strangling her wife, Annamarie Rintala, in their Granby home in March 2010. She has pleaded not guilty and was released on $150,000 bail after trials in 2013 and 2014 ended in deadlocked juries.
In Hampshire Superior Court on Friday, Judge Bertha D. Josephson did not set a third trial date as First Assistant Northwestern District Attorney Steven E. Gagne had requested, but asked the attorneys to come back to court Nov. 16 for another status update.
Cara Rintala’s attorney, David Hoose of Northampton, appealed first to Hampshire Superior Court and then to the Supreme Judicial Court, arguing that a third trial should not be allowed because there has never been enough evidence for a jury to find her guilty. Hampshire Superior Court Judge Mary-Lou Rup denied his appeal, and in May so did Supreme Judicial Court Justice Margot Botsford, who issued a single justice decision. In July, Hoose’s request that his appeal be heard by the full bench of justices was granted, and he filed a brief explaining his position Sept. 24.
Gagne said in court that he will file his response within 30 days, and the two attorneys will likely argue the matter in January or February. He asked Josephson to set a trial date of April 2016. Gagne said if the court waits until after the appeal is heard, the trial could get pushed until late 2016 or even 2017.
Hoose filed a motion to stay the case, telling Josephson that it does not make sense to set a trial date and continue working on the case if it could be thrown out by the higher court. Josephson allowed his motion to stay only until the Nov. 16 status hearing. She waived Rintala’s appearance on that date.
Rebecca Everett can be reached at [email protected].
