ALBANY, Ga. (WALB) - Monday morning, Dec. 8, Dougherty County Judge Victoria Johnson denied a “Plea in Bar on Double Jeopardy Grounds” filed by Susan Embert’s defense team.

This will mark the third time Susan Embert will be on trial for the death of her husband, Jake Embert. Friday, Dec. 5, Judge Johnson declared a “mistrial without prejudice” in her second trial, after excluded testimony was included.

|READ MORE: Judge grants Susan Embert new trial without prejudice; New jury selection to start Monday|

In the “Plea in Bar on Double Jeopardy Grounds” filing, the defense argues that Embert’s Fifth, Sixth and 14th Amendment rights were violated when the state “heavily insinuated that the Defendant was poisoning her husband” during their opening arguments.

Dougherty County Coroner Michael Fowler also mentioned the word “antifreeze” while being questioned by the state.

According to a previous motion filed by the defense, the state’s toxicology evidence regarding the alleged poisoning was supposed to be excluded from the trial after Judge Johnson ruled it “inadmissible, wholly speculative, and unsupported by data.”

Judge Johnson found the report was based on “opinions that were not supported by reliable principles or methods.”

Monday, the judge ruled that the coroner already answered the question asked upon him, and that she doesn’t believe the state, “goaded the witness.”

Jury selection began around 1:30 Monday afternoon.

The family of Jake Embert says he was a veteran, protector, and loving dad before his life tragically ended at 46-years-old, June 28, 2014. They say they’ve spent more than a decade fighting for justice and remain committed to ensuring his story is heard.

The family issued a statement in response to the defense’s most recent attempt to have Susan Embert’s case dismissed.

“My family has waited eleven years for justice for my father, William ‘Jake’ Embert. After a mistrial the Defense requested, they’re now trying to use double jeopardy to delay the case again. Marcy’s Law says victims have the right to proceedings free from unreasonable delay — and that right is being violated.

We are tired, but we are not defeated.

We are heartbroken, but we are determined.

My father deserved better.

My family deserves peace.”

Jury selection for the third trial began Monday at 1:30 p.m.

|PREVIOUS COVERAGE: Susan Embert murder trial|

Susan Embert’s First Trial Timeline:

In December 2019, Susan was found guilty of staging her husband, Jake Embert’s, 2014 death.

In February 2024, her case was dismissed, and she was released from prison in May 2024.

In June 2025, a Georgia Supreme Court judge reversed the dismissal, and Embert was back behind bars in August 2025.

WALB is in the courtroom will provide updates throughout today’s jury selection process.

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