A new trial has been scheduled for the Manassas man charge with domestic assault in a case that became high-profile after the trial judge declared the alleged victim in contempt of court for allegedly testifying while under the influence of marijuana.
Judge James P. Fisher directed the witness be jailed and declared a mistrial. The judge has since come under attack for his treatment of the witness, with some critics seeking his removal from the bench.
Attorneys for James Paige Phillips hope the charge won’t reappear before a jury. They are seeking to have the case thrown out on a double jeopardy claim, which prohibits a defendant from being tried on a charge following an acquittal. A hearing on that motion is set for Nov. 4.
If the case is permitted to proceed, a two-day jury trial is scheduled to begin April 11.