My brother was arrested three years ago this Thanksgiving for allegedly, digitally penetrating the sexual organ of his step daughter. (My brother is divorcing his wife and she convinced the child to tell this lie so my brother will never see his biological child again and so far--it's worked for three years--no physical evidence at all of any abuse) He was indicted in Texas for Aggravated Sexual Assault in February of 2005. That indictment was dismissed without prejudiced in December of 2006. My Brother was re-indicted in February of 2007 on the lesser charge of indecency with a child (still a felony) as the alleged victim has changed her story and now denies penetration and says only touching occurred.
My brother went to trial in June of 2007 and a mistrial was declared as, after a day and one half, the jury was hung. The alleged victim is 14, so my understanding is that the statute of limitations is an additional 14 years. The stress of this situation caused my father's massive, fatal heart attack and my mother is in bad health as well. It has bankrupted my family and we've not seen my niece for three years now.
What are the District Attorney's options after a mistrial in such a case? Can he just continue to try my brother for the next 14 years if he so chooses? What are our options, if any, in such a situation? We've hired many lawyers who simply take our money and run and when they've been grieved, the attorney grievance commission in Texas rushes to dismiss the grievances before all of the responses are even in. Please help. Any advice would be appreciated.