A new indictment was issued Monday for Derek Albert Capozzi, whose federal escape case ended in a mistrial last month.
Capozzi, who is serving a decades-long sentence for several federal crimes, escaped from a van carrying prisoners in Woodford County on April 15 and spent three days on the lam before being captured behind a Versailles stair factory.
He had been moved from a Maryland prison to the Grayson County Detention Center because he was a witness in a federal case in London. He was being taken to Blue Grass Airport for a flight out of Kentucky when he escaped.
The indictment issued Monday is for the same charge, escape, and it supersedes the previous indictment.
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Unlike the first indictment, which referenced a contract between the U.S. Marshal Service and the Grayson County Detention Center, the new indictment does not mention that officials from Grayson County were transporting Capozzi at the time of his escape.
Instead, it says only that "he was being transported pursuant to a Writ of Habeas Corpus Ad Testificandum issued by the United States District Court ..." when he escaped.
The question of whose custody Capozzi was in at the time of the escape became a point of contention during the trial, with Capozzi's attorney telling the jury that it was a state case because Capozzi was in state custody when he escaped.
Jurors deliberated for more than five hours before telling Special U.S. District Judge Joseph Hood that they could not reach a verdict.
Capozzi's new trial is set to begin Dec. 21.