[advance_copy]

HAZEN: That's correct. Two weeks ago we tried the case. And it went about six days. And the jury split eight-four for acquittal, and they locked in. After about a day and a half of deliberations, none of the jurors was changing their vote. And so Judge [Rowland] Barnes declared a mistrial. But the state and Judge Barnes wanted to [re]try the case immediately. And so we began to try the case again this past Monday.

Isn't that double jeopardy? If the Fulton County DA couldn't prove the case the first time, why did the judge (God rest his soul) give them another go at it? You don't just try someone over and over until you get a conviction. What if the guy never raped his ex-girlfriend? What if she made up the rape charge trying to get revenge on him for getting another woman pregnant (which he did)?

Of course, murdering people at the courthouse was despicable and evil. And I hope they catch the perp soon, very soon. He should pay for those crimes. But you can't help but wonder if a computer systems administrator was being falsely accused and on his way to being convicted of rape, which could have caused him to snap.

[ArmstedFragg]

Isn't that double jeopardy

Nope. Jeopardy attaches when you're charged originally, and isn't resolved until there's a verdict. In this case, there was no verdict.

[ArmstedFragg]

Isn't that double jeopardy

Nope. Jeopardy attaches when you're charged originally, and isn't resolved until there's a verdict. In this case, there was no verdict.

[Captain Jack Aubrey]

"Isn't that double jeopardy? If the Fulton County DA couldn't prove the case the first time, why did the judge (God rest his soul) give them another go at it? You don't just try someone over and over until you get a conviction."


A not guilty verdict is what what prevents a retrial, on grounds of "double jeopardy". Failure to reach a verdict, which is what happened in his first trial, demands a second trial.