Speedy retrial of Budd will serve justice best

U.S. District Judge Lesley Wells took an unusual -- but not unprecedented -- initiative Tuesday in ordering an almost immediate retrial on those criminal counts against Mike Budd on which a jury sitting in Cleveland could not agree.
Budd, a former major in the Mahoning County Sheriff's Department and right-hand man to Sheriff Randall Wellington, was found guilty Tuesday of obstructing justice. Testimony showed that Budd attempted to cover up an accusation that he ordered the beating of an inmate.
The jury declared itself hopelessly deadlocked on counts involving three other inmate beatings in the Mahoning County Jail.
The judge's decision to retry those other charges beginning Thursday is to be commended.
Everything is in place
Lawyers involved in the case may be understandably unenthusiastic, but the court's function is to seek justice, and justice can best be achieved through a speedy retrial. The facts of the cases remain fresh in the minds of the prosecution and the defense. The judge is available, the attorneys and defendant are there -- all that's needed is a fresh jury.
It can certainly be expected that Budd will appeal his conviction, which carries up to five years in prison. If at the end of the second trial he is found innocent of any additional charges, his lawyers will be able to concentrate on appealing his conviction. If he is found guilty, his lawyers will be able to consolidate appeals. If the jury is again unable to reach a verdict, those counts might best be handled through dismissal.
More questions ahead
Budd is accused of serious misconduct as a law enforcement officer, and the sooner the trials are over, the sooner Mahoning County will be able to address the political questions of whether Budd was given too much latitude in Wellington's department.
Even when the FBI approached Wellington about accusations concerning Budd's behavior, Wellington named Budd as the department's liaison with federal investigators.
Tuesday's conviction, even on one count, does provide an overdue opportunity to remove Budd from the county payroll. After his indictment, he took a demotion to deputy and went on a paid leave of absence. He now has seven days to resign or face discipline, which would only logically be dismissal.
The taxpayers should not be bearing the burden of paying law enforcement officers who have betrayed their trust or who are not carrying their own weight.