[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.

[advance_copy]

Jeopardy attaches when you're charged originally, and isn't resolved until there's a verdict

I'm no lawyer. But I think you are right in terms of how the legal system interprets the 5th amendment. Still, I think the point behind the jeopardy clause was to keep people from being tried over and over until they get convicted.