That will continue to be the case in subsequent trials. Prosecutor Kym Worthy, who led the prosecution team and is now a judge at Recorder's, was not available for comment. He declined to comment further. If the Supreme Court decides that the two men deserve a new trial, it wouldn't take place before late next year or 1998. Lawyers for the two sides have until July 2 to prepare briefs supporting their positions.
Prosecutors have five weeks after that date to submit written arguments.
Oral arguments on whether the two men should get a new trial probably will be heard this fall in Lansing. The Supreme Court justices will have until July 1997 to issue a decision. Defense lawyers said they would argue for a change of venue rather than letting the case be tried again in Detroit's Recorder's Court. Budzyn and Nevers have garnered high-profile legal supporters, including Oakland County Prosecutor Richard Thompson and Macomb County Prosecutor Carl Marlinga. Marlinga said he has never spoken out on a criminal prosecution in another county but felt compelled to do so in the Budzyn and Nevers case after reviewing transcripts and evidence.