A new trial has been ordered for jockey Robby Albarado, who won an appeal of his conviction on a misdemeanor assault charge.
Albarado was convicted last year of fourth-degree assault and fined $500 in connection with a fight at his home involving his former girlfriend, Carolina Martinez. But Jefferson County Circuit Judge Brian C. Edwards ordered a new trial.
He said the prosecutor made an improper comment during jury selection regarding Albarado's marital status when the jockey began a relationship with Martinez.
The judge said considering the ''tumultuous emotional history'' between Albarado and Martinez, the comment could create prejudice by jurors and seemed to have little or no relevance to the charge.
The county attorney's office said it is considering its options.
