In legal paperwork published in December, the judge in the case wrote that the jury had cleared the pair of murder for lack of evidence proving they were guilty.

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In legal paperwork published in December 2011, the judge in the case wrote that the jury had cleared the pair of murder for lack of evidence proving they were guilty.

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Two brothers were cleared of his attempted murder last year, after Masciopinto refused to give evidence and the judge ruled they had no case to answer.

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Cline tried to get him removed from the new trial, claiming the judge was involved in a conspiracy against Cline because he refused to dismiss another murder charge in a different case.

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