ALBANY, Ga. — Although he was convicted of child molestation in 2010 a former Albany Police Department detective’s attorney won him a new trial.
Vincent Wadley, 47, was scheduled to go to trial Monday, but his attorney, Jim Finkelstein, filed an appeal with the Georgia Court of Appeals in Atlanta, said District Attorney Greg Edwards.
“Rather than proceed with the trial the defense appealed the case because of errors in the original trial,” Edwards said. “It is known as a plea in bar.”
A plea in bar as filed by Finkelstein contends that a new trial would violate Wadley’s double jeopardy rights, Edwards said.
The second trial was ordered in July because of opinionated remarks by the judge during the first trial while the jury was still in the courtroom.
That launched a legal battle over bail for Wadley. After Wadley’s arrest he was freed on $10,000 bail before his trial. Bail was denied after he was found guilty, but the case was thrown out.
According to court papers, Superior Court Judge Stephen Goss denied bail for the second trial because circumstances such as the initial guilty verdict made Wadley a flight risk.
According to a Dougherty County Jail spokeswoman, Wadley remains in jail.