The County Court then dismissed the more serious indictment it was considering.
Rosenburg then announced: "The people move to dismiss the indictment."
The district attorney himself had been under indictment for more than a year and a half before the judge dismissed the indictment.
The court then dismissed the indictment on the basis that the case had been abandoned by the prosecution.
"We're going to move to dismiss the indictment, and we are confident he will be vindicated."
Hayes moved to dismiss the federal indictment but the trial court denied his motion.
The court also dismissed the indictment on which the conviction had been based.
"I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial," said Holder.
The trial judge dismissed the indictment, saying that it constituted double jeopardy.
Seale moved to dismiss the indictment on the theory that the latter applied to him.