Motion To Dismiss Buzbee Case Filed

Eric Buzbee attorney officially filed a motion to dismiss the capital murder charge against his client in circuit court Wednesday. Attorney John Beck says since two previous trials against his client ended in mistrials, Buzbee is protected by "double jeopardy."

"The double jeopardy clause protects someone exactly like Eric who has their trial started and then the trial is stopped by the prosecution so they can basically get their ducks in a row and the double jeopardy clause specifically forbids that," says Beck.

Last week, prosecutors asked the judge to declare a mistrial because of a last minute witness the defense was preparing to put on the stand...an expert witness Beck says would prove put Buzbee did not kill Wilson.

"Double jeopardy is not something that's been violated in this case," says Michael Pylant, Baldwin County Assistant District Attorney. "The court was appropriate in granting the matter on the state's motion."

A judge could review the motion to dismiss the case as early as next week.