"(A) witness was unavailable for this trial setting forcing us to not be able to proceed with the case," Jackson County Prosecutor Peters Baker said. "The case was then dismissed, and then immediately refiled. Upon that dismissal this procedural rule of double jeopardy went into play."
Double jeopardy: It's traditionally known as a person being tried twice for the same crime. Peters Baker said there's a procedural rule where if a case has already gone to trial you cannot dismiss the case and then refile after that dismissal.
JACKSON COUNTY, Mo. -- Jackson County's prosecuting attorney says they're facing a not only a tragic outcome, but a rare one, in one of their murder cases. Jean Peters Baker said double jeopardy allowed a murder suspect to walk free.