ROCHESTER, N.Y. -- The Monroe County District Attorney's Office has filed an appeal in the Charlie Tan case.
Last November, Tan's murder trial abruptly ended during jury deliberations, when Judge James Piampiano dismissed the charges against him.
Tan was on trial for the shooting death of his father Jim Tan inside their Pittsford home in February of last year.
District Attorney Sandra Doorley is seeking the dismissal be reversed and the indictment on the charge of second-degree murder be reinstated.
"There has been a lot said about the fact that this wasn't necessarily appealable, and we feel that, given the circumstances, it absolutely is and this justice required us to seek this retrial," prosecutor Kelly Wolford said. "We feel that we set forth facts and a reason for the court to hear it and we're hopeful that they will and that we will have an opportunity to give justice to Jim Tan."
In the appeal, Doorley argues that Tan chose to forgo the option of the jury reaching a verdict, therefore he cannot complain a second trial would violate the double jeopardy clause.
Tan's attorney Brian DeCarolis was surprised by the appeal, but remains confident in his client's case.
"Today's news comes as a surprise to us in light of the district attorney's comments on national TV that seemed to imply that this case had reached its final resolution more than nine months ago," DeCarolis said. "Ms. Doorley's comments in the days following the dismissal of the case against Charlie as well as her comments on Dateline certainly seemed to concede that she recognized that her office was without recourse and that they had no route to appeal and successfully overturn the decision. Unfortunately, more work needs to be done now, but we are confident that the law remains on Charlie's side on this issue."