But prosecutors do not dispute the finding that capital juries are more apt to convict, arguing instead about the magnitude of the effect.

The prosecutors also disputed the contention that Ms. Stewart's actions were part of a lawyer's legitimate duties.

The federal prosecutors disputed the request for postponement as merely a stalling maneuver which would facilitate "further prejudice" against "not a close case" according to prosecutor Mark Daniel Lytle.

Because prosecutors dispute the validity of the new evidence, Judge Braslow said a hearing would be required for him to decide whether to uphold or overturn the jury verdicts.

A federal prosecutor, David N. Kelley, sharply disputed Mr. Thau's contention.

While authorities, in particular the F.B.I., publicly say anti-organized-crime units are back to prior levels, privately prosecutors and street agents dispute that assertion.

But the prosecutor, Mr. Fitzgerald, disputed that, saying, "This is a case about murder and conspiracy to murder, not about religion."

But both federal prosecutors and Mr. Smith's lawyer disputed the notion that the former agent had received preferential treatment.

Baez also asked Judge Perry to instruct the jury about this search information, but prosecutors disputed this and it was not done.

There is no database that tracks such subpoenas, and some prosecutors dispute that they are on the rise.