Sting instance tossed after mistake by prosecutor
As Christ Sathoud had been on test last springtime accused of agreeing to cover to have intercourse with deputies posing as teenagers, a prosecutor asked a protection witness whether delivering unsolicited lewd photographs was a kind of sexual deviancy.
But there clearly was no proof that Sathoud ever delivered pictures of their genitals to anyone. Within an order filed previously this month, Judge Brett Loveless unearthed that the prosecutor acted in willful neglect when he raised the matter right in front of a Bernalillo County jury. The judge banned retrial of Sathoud on dual jeopardy grounds and dismissed the situation with prejudice, meaning it cannot be refiled.
“In making its dedication, the court is mindful that the goal of the dual jeopardy clause is to not ever discipline prosecutors but to safeguard defendants ‘from reprosecution when a prosecutor’s actions, aside from motive or intent, increase to such a serious that a unique trial could be the only recourse,’” Loveless had written in their order. […]