Jason Young Retrial: Do Prosecutors Have Advantage?

Dan Abrams and Nancy Grace discuss the North Carolina murder trial.
4:52 | 02/08/12

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Transcript for Jason Young Retrial: Do Prosecutors Have Advantage?
Jimmy legal analyst Dan Abrams and joining us live from Atlanta Nancy Grace the host of Nancy Grace on -- and thanks for coming back guys and and villages Begin -- -- the stage. Why are prosecutors able to bring this case again after mr. Trial because didn't double jeopardy only kicks in after an acquittal. Conviction -- it protects against multiple punishments for the same crime but when there's a hung jury prosecutors are allowed to and very often do. A seek to prosecute again because they believe he's guilty. And Nancy it was 84 for acquittal last time -- you think prosecutors may have more of an -- here. -- I do and I've had -- trials myself and then immediately retry the case and gotten a conviction. So I think that I -- look at statistically what happens typically. There will be a conviction after the original mistrial what's good about it is that this state sees the -- -- of the defense. Typically at trial the defense already knows what the State's going today because the state -- to turn ever almost all there. Evidence to the defense prior to trial not true for the defense. But in the last case the state already knows where they're headed. So I think that that's a plus for the study had a negative for the -- -- killer in this case he took the witness stand which is -- usual. So prosecutors now have gotten to seal on the witness stand once they get to refine their cross examination. And they get to figure out we -- we make mistakes -- could we have done a better job. Of going after and it is he's going to be if he testifies again he's -- -- be again be the most important witness in this. Nancy that does give big edge to the prosecutors right there but Jason you're really has no choice he have to testify again doesn't. No he absolutely does not have to testify again and I wouldn't put too much stock into the -- there was a mistrial. I mean I got in this trial when I called a guy happy camp in ending statements the jury got thrown out right after about opening statement -- -- start ever right now. But that's -- that weapon that's because of prosecutorial misconduct is opposed to -- Aaliyah was not prosecutorial misconduct -- a -- set and again the second time art and got a conviction. -- -- this case we have I want you women on the jury and I think that's gonna help the prosecution. -- this is this is a close case the -- it was eight to four for acquittal but no -- OK well. Nancy you know more than the eight jurors who voted were gonna vote for acquittal -- certain but the. No I grew the -- jurors understood. You're really I'm thirty -- was to the -- -- We're no robbery no sex attack the baby girl two year old Cassidy hiding under her mommy's bed she's five months pregnant with -- second child a baby boy. And now the husband has to face his mother ran a lot moving into -- I don't know where he thought it had -- to here with just two mistresses and as business trip. Net. Right and I'm not asking you what you think the result ought to be what I'm talking about actually is why the result was what it actually want -- There was no physical I guess what -- defense has nothing when asked to keep fix the defense first of all has the fact that there's. Mean it's it's all it's it's putting together of the pieces of the puzzle for the prosecution. And the fact that someone else's DNA was found in the home and the fact there was no blood found in his car etc. no direct evidence makes this tricky. The best witness for the prosecution in my view is a woman who was working at a gas station at the time. Who this is talking with -- early morning all right he says he was asleep 530 in the right -- he says he's he's fast asleep she identifies him and says that got. Was buying gas. I would I would I can identify him if the jurors believe her. Then there's a very good shot -- the fact -- Nancy was. Able to poke holes in her tests -- -- time right. Well yes of course they care about what I find extremely damning. Is that night he goes at a town on a business trip about a 160 miles away from home. And he decides around midnight. He does smoke a cigar of course is full of nicotine which is gonna keep -- awake he opens up the hotel room door he. Probably recalled. They case. Bears spurred red meadow where in that murder case where the wife was a victim. Husband goes in and out of the hotel room eleven times and they got it on the keys to life. But in this case he was wise enough to open the door and profit open with a rock Delhi apt. And what's interesting is that first that's security camera had been dismantled. And the -- noticed that when -- that again. And when it got plugged -- again. He pointed out to the ceiling so nobody could -- -- coming in and out of his room pretty slick. Cut produce that we'll see if it works Nancy Grace thanks very much we follow this closely and -- Thank you thank.

This transcript has been automatically generated and may not be 100% accurate.

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