Curiouser and curiouser

Today it became clear what the State of Oregon thinks it is going to do about the railroading of Frank Gable in the 1989 murder of prison chief Michael Francke.

It isn't going to try to prosecute Gable again. But it wants the federal judge who threw out Gable's bogus conviction to leave that possibility open indefinitely. That way, the prosecutors can continue to act like Gable did it, even though they can't prove it. I guess that's the long-term strategy.

The judge is having a hard time believing his ears, apparently.

“If the state does not retry Mr. Gable within 10 days of today, you are done with him,” U.S. Magistrate Judge John V. Acosta told the state’s lawyer.

Oregon Solicitor General Benjamin Gutman said the Marion County District Attorney’s Office doesn’t plan to retry or reindict Gable within that deadline but wants to reserve the right to reinvestigate the case and rearrest or reindict him in the future.

“I can honestly say that I do not understand how the state thinks they can do both,” the judge responded. “This wasn’t a menu option.”...

He said he was perplexed that the state and the district attorney’s office haven’t made a final decision.

“I’m at a loss after a full four years, the state doesn’t know what it’s going to do,” Acosta said....

Acosta said he was surprised no one from the district attorney’s office attended Monday’s status hearing and invited the district attorney to weigh in on the question whether it has any authority to pursue a new indictment against Gable. If the district attorney’s office doesn’t provide its input, “that would be a bit curious and confusing,” Acosta said.

Yes, Judge Acosta. Curious. Confusing. And like this whole sorry episode, corrupt as hell.