Tony Viola is the only person in America who proved his innocence at a second trial on the same charges at issue at his first trial, using evidence prosecutors said did not exist, yet is still in jail.  Despite the results of his second trial, prosecuted by the same prosecution team on identical charges, Judge Donald C. Nugent refused to schedule any hearing or any inquiry into Tony's, ruling that defendants are "not allowed to obtain an acquittal" by presenting different evidence at a subsequent trial, USA v. Viola, 08-cr-506, N.D. Ohio, Docket # 466.  As a result of this ruling, proof of Tony's innocence presented at the second trial remains in his locker in jail.

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