WLOX.com - The News for South MississippiDA: No retrial for Dr. Allen

DA: No retrial for Dr. Allen

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JACKSON COUNTY, MS (WLOX) -

A retired heart surgeon who was accused of growing pot in Jackson County will not face a new trial, the district attorney announced Tuesday.

Dr. David Allen was arrested in 2009 and charged with allegedly growing marijuana on the 40-acre farm, known as "The Blue Hole."

After a deadlocked jury forced a mistrial, Allen was released in February 2010. Then, just last month, the county returned all the property seized in the case to Dr. Allen, giving a hint that he would likely not face a retrial. Tuesday, the District Attorney's Office made it official.

"At the previous trial in February of 2011, the State of Mississippi presented all of the relevant evidence obtained from the investigation and the jury was unable to find him guilty beyond a reasonable doubt. No new evidence exists in this case and if a jury comprised of twelve citizens from Jackson County did not find sufficient evidence to convict David Allen, then a second jury is not likely to find him guilty based on the same evidence," District Attorney Tony Lawrence said in a statement Tuesday.

Attorney Michael Crosby, who represents Allen, said after 14 months, "the nightmare is finally over."

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