December 17th episode of L&O

At the end in their discussion McCoy and Cutter figure there is going to
have to be a new trial. But, hasn't jeopardy attached since a trial
started? If a mistrial has to be declared, it's not due to any fault of
the defendant. And one could argue that the clerk acting as the judge
had a relation****p with Cutter that prejudiced the trial against the
defendant.