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"<p>Kenneth Olsen, a Washington state man sentenced to 13 years in  prison for plotting to poison his wife in with ricin in 2003, has asked for his  conviction to be thrown out following the disgrace of a prosecution  witness.<br /><br />Olsen was sentenced under the 1989 U.S. Biological Weapons  Antiterrorism Act following allegations by federal prosecutors that claimed  Olsen produced ricin from castor beans after studying biotoxins.<br /><br />Olsen's  attorneys claimed that he meant no harm and his wife agreed.<br /><br />The 9th U.S.  Circuit Court of Appeals, which will hear the case, has previously supported the  conviction by the federal jury but cut Olsen's sentence from 23 years to  13.<br /><br />Olsen's current appeal contends that the expert testimony of  then-Washington State Patrol crime lab head Arnold Melnikoff, who the  prosecutors relied on for expert testimony, had given expert testimony by the  time of Olsen's trial in another case based on questionable science.<br /><br />The  conviction in that case - a Montana rape trial - was thrown out because of  Melnikoff's testimony.<br /><br />Olsen argues that not only were his trial lawyers  not adequately briefed on inquiries into Melnikoff's professional conduct but  also that one juror at trial believed Olsen to be guilty prior to the beginning  of the trial.<br /><br />Prosecutors have until December 11 to reply to appeal with  a hearing scheduled for January 29.</p>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://bioprepwatch.com/stories/510506235-washington-state-man-who-created-ricin-appeals-sentencing>