LOUISIANA JUSTICE

Two brothers jailed for more than eight years without a trial were ordered released after a murder case that went nowhere because of a succession of postponements, changes in attorneys, and motions denied or never ruled on. Percy Dyer and James Thomas had been awaiting trial in the slaying of a Baton Rouge man whose bound body was found next to his burning car.

A state appeals court ruled last month that prosecutors waited too long to try the case, and Judge William Dupont signed an order Monday throwing out the second-degree murder charges. Prosecutors planned to appeal the dismissal to the state Supreme Court.

"We're not sitting here gloating. We're not going to brag before it's bragging time," said Leo Berggreen, Dyer's lawyer. "In the meantime, this boy's been incarcerated for a little over eight years. So this is a great day for him."

The men's trial was delayed for a variety of reasons. The state took over the case when the parish prosecutor was elected to the Legislature. The case was further slowed because Thomas originally was charged with first-degree murder, requiring an attorney qualified to handle a death-penalty case. One of Thomas' public defenders withdrew because of heart trouble. Another withdrew after losing a motion.

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