The only thing that can prevent that would be a valid claim of double jeopardy. And this ain't it!
OJ is protected from thr double jeopardy because he was already tried and a verdict given...that is the only time a person can claim double jeopardy to my knowledge
Certainly OJ has a very, very good case for double jeopardy, should anyone ever try to put him on trial for murder again.
But there are some weird instances in which the police/prosecution may deviously seek to cause a mistrial. If the mistrial is all the prosecution's fault (or if it is the prosecution who is requesting it), and not the defense's, the equation changes. Otherwise, every prosecutor who found himself losing big would be tempted to just bring on a mistrial, in order to get a chance to start anew--since, if there's a loss for the prosecutor (acquittal), the prosecutor has NO chance to appeal.
My opinion: this is not one of those weird instances. If a mistrial were granted here (doubtful on what we currently know), then the prosecution could still try Scott later.
Side note: A lot of defendants are unpleasantly surprised to find that they can be prosecuted by the state, and then AGAIN by the feds, for the very same offense. One example is the offense of "felon in possession of a firearm." This is a state crime, AND also a federal crime. YES, they can prosecute you in the state court and AGAIN in the federal court, for the same incidence of this crime. It's not double jeopardy, b/c you are not being prosecuted twice by the same sovereign.