41. The judge rejected government arguments that documents were suppressed at the original trial for security reasons. 42. The same judge who presided over his original trial will decide if he gets another chance. 43. Ordinarily the original trial judge would handle the response to the request by the appeals court. 44. They must ask whether the original trial was affected by prosecutorial incompetence, corruption or jury tampering. 45. "Every witness who testified at the original trial is available to be called, " he said. 46. Resentencing on the two remaining counts by the original trial judge occurred on June 24, 2011. 47. Hrabec said the original trial was marred by substantial procedural flaws and a revision was necessary. 48. If the appeal is rejected, the defendant's original trial judge will set a date for execution. 49. That same order removed the original trial judge, Thomas Penfield Jackson, resulting in Kollar-Kotelly taking the case. 50. The resentencing on the two remaining counts by the original trial judge occurred on 24 June 2011.
