Cynthia Stewart, the attorney representing Michael Recio, filed a motion (PDF) today accusing federal prosecutors of violating government policies by retrying Recio and Jackson Mayor Frank Melton. Recio is Melton's former bodyguard and his co-defendant in a case concerning the destruction of a Ridgeway Street duplex in August 2006.

On Feb. 24, Federal District Court Judge Dan Jordan declared a mistrial in the first federal trial of the mayor and his ex-bodyguard, after the jury declared itself deadlocked. Now, the two are facing a retrial on the same civil rights charges scheduled to begin May 11.

In her motion to compel, Stewart cites a provision that "establishes that there is a general reluctance to bring dual and/or successive prosecution based on substantially the same act(s) or transactions involved in prior state or federal proceeding." The motion also says the government's policies requires it "focus attention on the most efficient use of law enforcement resources," and "approval must be sought from the appropriate Attorney General" to continue prosecuting Recio and Melton.

"It appears that the Government is acting contrary to its own policy in continuing to prosecute defendants Melton and Recio in the face of acquittal on state charges...and a seriously hung jury resulting in mistrial on the federal charges in this cause," Stewart argued.

Stewart's motion asks for documents related to the government's approval of the proseuction, arguing that any improper reasons for prosecuting the case would be "essential to the defense."

Federal prosecutors have not yet responded to Stewart's motion.