That question turns out to be a bit more complicated than you would think. The general rule in federal cases is that noncapital crimes must be charged within five years but capital offenses have no limit. See 18 U.S.C. §§ 3281, 3282. The federal "Lindbergh Law" at the time of the crime made kidnapping a capital offense if the victim had "not been liberated unharmed." However, that law was struck down in the Supreme Court's dubious decision in United States v. Jackson, 390 U.S. 570 (1968), and Congress amended the law four years later, deleting the capital punishment aspect. In 1994, Congress amended the law again to make kidnapping a capital offense if "the death of any person results." So, 22 years elapsed in which the offense Seale committed was not capital, and he was not indicted in that time.

The Fifth Circuit concluded yesterday that the statute of limitations has indeed run. United States v. Seale, No. 07-60732. If Jackson were the main problem, as the district judge believed, I would encourage DoJ to take it up to the Supreme Court. However, I have to conclude, with regret, that the Fifth Circuit is right. The statute enacted in response to Jackson, rather than Jackson itself, is the main problem here.

Seale was originally charged in state court, but that charge was dismissed without prejudice, according to the Wikipedia entry. If so, there is no double jeopardy prohibition on prosecuting in state court. That is where murder cases should be prosecuted when the system is functioning, as it is today. Going to federal court was a necessary end-run for cases like this in 1964, but it's not now.

Jerry Mitchell reports on this decision for the Jackson Clarion-Ledger.