Roseville, California, residents may be familiar with the recent trial of a 27-year-old man who is being charged with child molestation. The trial was in Sacramento, California, and ended in a mistrial. The 27-year-old defendant was facing 21 charges related to his alleged molestation of five children. He has been in custody since his arrest in January 2010.
The declaration of a mistrial means that the defendant is likely to have to face a completely new second trial with a new jury panel. Many of our Roseville readers may think this sounds like a violation of the double jeopardy standard, but a mistrial is different. A mistrial means that the case is still open, that a final judgment of any kind has not yet been rendered, and that the prosecution is still free to bring the defendant to trial again. Of course, the prosecution is also allowed to dismiss the case in the event of a mistrial, but that does not seem to be the likely outcome in this particular case.