A mistrial has been declared in a criminal case in Louisiana that the defendant says was rooted in matters concerning child custody and child support. If the man's argument is true, the case is another example of the effect that divorce, if not handled smoothly, can have on other aspects of people's lives.

The man, who was on trial in St. Tammany Parish for allegedly fondling his 8-year-old twin daughters, told the court that the girls and their brother lied at their mother's request. The mother, the defendant said, asked her children to tell the story in order to gain both child custody and child support.

Prosecutors argued that the man had entered the girls' bedrooms and forced them to kiss him and spread lotion on his feet. The prosecutor also implied during the four-day trial that the defendant's daughters from another marriage were given to their mother in a custody case because of child abuse accusations that had been made against him.

At the conclusion of the trial, the defense attorney asked the judge to declare a mistrial, citing a Louisiana law requiring a mistrial if the jury hears about an alleged crime that has not been ruled as admissible evidence. The prosecutors never called to the stand any witnesses to corroborate the separate accusations.

An e-mail the prosecutor said was from one of the man's daughters did not persuade the judge, who declared the mistrial. He apologized to the young twins, who were in court, saying he was sorry they will need to testify again at a retrial.

The man was released on a $25,000 bond. His new trial is set to begin on Feb. 6, 2012.

Source: The Times-Picayune, "Tammany incest trial ends in mistrial after prosecutorial blunder," Claire Galofaro, Dec. 9, 2011