According to the Boston Herald, a man who is serving a 10-year prison sentence for seriously injuring his son nearly 8 years ago- is facing charges AGAIN for the same crime. The Stoneham man is Brian Saucier. Middlesex District Attorney Gerry Leone said that 41-year-old Brian Saucier was indicted Thursday by a Middlesex County grand jury on one count of murder. According to authorities, Stoneham police found Saucier holding his then 6-week-old son in September 2002. The baby had stopped breathing and was later diagnosed with shaken baby syndrome. Police said the boy went through several months of treatment and then lived in a "vegetative state" with his mother until he died in May of this year.
The result? He is now charged with 1st Degree Murder. After a person gets over the outrage of how a father could do something like this to any child, especially their own—they may ask? Isn’t It Double Jeopardy to charge him twice for the same conduct? No, because the Government can arrest, charge and convict you (a second or more) for the same conduct as long as the newer charge is not the same or lesser charge. The Double Jeopardy Clause protects against three distinct abuses:  a second prosecution for the same offense after acquittal;  a second prosecution for the same offense after conviction; and  multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).
So the District Attorney has the option to charge him again, and again he has. Now, Mr. Saucier has to defend it----However, depending on his efforts of rehabilitation during prison, his eight years of continuous incarceration, and his attitude going forward, the District Attorney will likely be open to negotiations for a plea deal on the murder charge. In fact, an experienced criminal defense counsel should be able to negotiate a reduction in the charge to voluntary manslaughter and credit for time served.