Judge David Tapp overruled a motion by the defense in the case of Rita Bond, whose first trial ended with a mis-trial.
The defense had argued that the court should prohibit a retrial on the grounds of double jeopardy. Attorney Scott Foster argued in a five-page motion to re-try Bond on the same offense would violate her federal and state Constitutional rights.
Tapp declared a mistrial on the second day when a juror expressed to another juror he had formed an opinion in the case.
As a team leader, Bond is accused of failing to properly train a caregiver at the mental health facility in Somerset. A resident cut himself with a razor blade while under the caregivers watch. Bond has since resigned. A pretrial conference is scheduled for Dec. 20, 2006.