Prosecutors won't seek 3rd trial in case where judge banned words

OMAHA, Neb. (AP) Prosecutors in Omaha, Nebraska, aren't pursuing a new trial in a sexual assault case where the judge banned the use of the words "rape" and "victim." Pamir Safi was accused of sexually assaulting a woman he met at a bar. His first two trials ended in mistrials.

In the first trial, the judge restricted language that could be used in testimony, saying he did so to protect Safi's constitutional right to a fair trial.

His accuser says the ban had a significant effect on her testimony.

The judge declared a mistrial the second time around during jury selection, citing news coverage of the case and public protests on behalf of the alleged victim.

The accuser says she's still trying to comprehend why prosecutors decided against pursuing a third trial.

She has sued the judge over the language ban. The case was dismissed, but that is being appealed.

(Copyright 2008 by The Associated Press. All Rights Reserved.) APNP 01-04-08 1200CST | save this article / add to your favorites list