The Prosecutors argue procedures in their own defense even though the incapacitated prisoner Mr. Gage was represented pro se by a fellow prisoner. He had no representation except himself and a Law Student also in prison. Mister Gage made the proper motions and they were ignored by the Courts.
What "due diligence" did Mr. Gage not display? IF Mr. Gage is dead they can hold a cadaverous retrial with the dead body of Mr. Gage sitting there in Court finally being set free after how many years in prison? There were more than one Trial and Retrial. Maybe this one will finally be just.