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It's a good thing I still know a lot of pre-law friends from school. Double jeopardy can apply after a jury is empaneled and witnesses have been called. I'll explain how it applies to Watada's case:
Once the trial began, "jeopardy attached". Except for under very specific conditions, you cannot have a second trial. Specific conditions include if a verdict cannot be reached by the finder of fact, defendant cannot object to the resulting mistrial. Also, the defense cannot create error in order to get the defendant free. That is not the case here. A mistrial caused by judicial or prosecutoruial error is not an exception. The prosecution was well aware that Watada was not waiving his right to defend himself with he signed the stipulation. The stipulation was clear in that it did not state that he was waiving his rights. The problem was the aforementioned idiot judge. During the proceedings, the judge warned Watada that by signing the stipulation, he was admitting that there was "sufficient evidence" on each part of the missing movement offense for the panel to find him guilty. The problem is that "sufficient evidence" in a stipulation is not an admission of guilt at all.
US vs. Eliot, 463 F.3d 858, 864 (9th Cir. 2006) states: "When, as here, a mistrial is ordered over a defendant's objection, retrial is permitted only if there was a "manifest necessity" for a mistrial (a case-by-case determination with a "high" burden). Other factors to look at are whether the trial judge (1) heard the opinions of the parties about the propriety of the mistrial, (2) considered the alternatives to a mistrial and chose the alternative least harmful to a defendant's rights, (3) acted deliberately instead of abruptly, and (4) properly determined that the defendant would benefit from the declaration of mistrial."
Double jeopardy applies, and Watada cannot be tried for these crimes again.
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