Attorney for Clay Waller files motion to dismiss case on grounds of double jeopardy

Clay Waller (Source: Missouri Department of Corrections)
Clay Waller (Source: Missouri Department of Corrections)

MISSOURI (KFVS) - An attorney for Clay Waller has filed a motion to have his client's case dismissed on grounds of double jeopardy.

In a court document filed on June 1, 2017, Waller's attorney claims the case against his client should be dismissed for several reasons, including violation of due process and failure to state an offense against the U.S.

Waller's attorney asserts that the subsequent federal prosecution of Waller "for essentially the same offense as the State proceeding violates the Double Jeopardy Clause of the United States Constitution via the Bartkus exception to the Dual Sovereignty Doctrine."

His attorney also wrote that the upcoming federal prosecution "is in violation of his due process rights as protected under the Fifth Amendment for being vindictive and frivolous." Waller specifically states that the federal case was brought on solely to punish him for the publication of the book, "If You Take My Kids, I'll Kill You!; True Confessions of Missouri's Most Notorious Wife Killers."

Waller also argued "the selectivity chosen to prosecute this case is another violation of due process rights." Waller's attorney said that despite the unique case, "it is no less deserving of careful judicial consideration.

In the summer of 2013, Waller pleaded guilty to second-degree murder of his wife, Jacque Sue Waller. He was sentenced to 20 years in the Missouri Department of Corrections.

Waller was initially charged with first degree murder and two counts of tampering with evidence in connection with his wife.

Jacque Waller was last seen last Wednesday, June 1.

You can read the full motion filed by Waller's attorney below:

Waller was scheduled to appear in federal court in Cape Girardeau again on August 23.

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