A new trial for a former Albany Police Officer convicted of child molestation in May 2010 was postponed while his case is under appeal.
47-year old Vincent Wadley was supposed to go on trial Monday.
The case was postponed after his attorney Jim Finklestein appealed to the Georgia Court of Appeals.
He says a new trial would violate Wadley's double jeopardy rights.
In July a judge ordered a new trial based on impermissible statements made by the trial judge Denise Marshall.
Prosecutors say Wadley, a former Corporal in the A-P-D Investigations division, molested a 7-year old girl in May 2008.
Wadley is being held in jail without bond.
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