Charges dropped in assault trial because judge went to Iraq?

Charges dropped when judge leaves for Iraq

The Associated Press
Posted : Friday Mar 21, 2008 10:48:15 EDT

CONCORD, N.H. — Charges that a New Hampshire man assaulted a teenager by whipping him with a belt have been thrown out because the judge had to leave the trial to serve in Iraq.

The state Supreme Court agreed Thursday with Ernest Solomon that starting a new trial with a new judge would amount to double jeopardy.

The 40-year-old was charged with three charges of assaulting a 15-year-old boy by whipping him on the legs with a belt as punishment.

His original trial ended when Derry District Court Judge John Coughlin volunteered to serve in Iraq as a judge-advocate with the National Guard.

The Supreme Court said a new trial would have been constitutional if the original judge had died or there had been a hung jury.
http://www.armytimes.com/news/2008/03/ap_judgeleave_032108/