SOURCE: The Post and Courier – February 2, 2017, Andrew Knapp  |  Read entire article

Prosecutors should not be allowed to retry Michael Slager for murder because a jury had apparently acquitted him of that crime in his first trial, his attorney said Thursday.

The defense team made the argument in asking a judge to dismiss the former North Charleston policeman’s murder count in Walter Scott’s shooting death.

From notes they sent during the proceeding last year and from follow-up interviews, lawyer Andy Savage said it was apparent that the 12 jurors agreed that Slager wasn’t guilty of murder. But they deadlocked on the lesser offense of voluntary manslaughter, prompting a judge to declare a mistrial.

Savage cited double jeopardy provisions prohibiting someone from being retried for a crime they have already been acquitted of.

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SOURCE: The Post and Courier