I always thought Masterson seemed like a creep, so I didn’t pay much attention to this case when I heard about it.
Just read the article and another one it linked to regarding sentencing. It sounds like most of the jury voted for acquittal but it wasn’t unanimous so the judge declared a mistrial and then retried him.
Anyone know how this isn’t considered double-jeopardy? It sounds like the very definition of it to me. He was put on trial. The prosecutor was unable to secure a conviction, so the judge gave them another chance?
But weeks after the trial finally started in late 2022, the judge declared a mistrial after the jury remained deadlocked. Jurors in last year’s case had leaned in favor of acquittal on all three counts against him – voting 10-2 on one count, 8-4 on another and 7-5 on the third, but were unable to reach a unanimous decision, leading to the mistrial.
US Fifth Amendment excerpt:
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb