Alabama Legislature Sue Schmitz

Alabama Legislature Sue Schmitz

A lawyer for state Rep. Sue Schmitz says a new trial for the legislator could start in December or January.

Schmitz's trial on fraud charges ended in a mistrial on Monday after jurors reported for the third time that they were deadlocked.

Huntsville defense attorney Jake Watson said Tuesday the judge in the case has talked about setting the new trial for the end of the year or the start of 2009.   But Watson said it's possible the trial could start sooner or
later.

Schmitz, a Democrat from Toney in north Alabama, is accused of getting $177,000 from a "no work" job in the two-year college system.

Prosecutors called Schmitz a conniving thief but defense attorneys said she wanted to work hard for the program but was given little supervision or direction.