LOUISVILLE, Ky. (WDRB) -- Hall of Fame Jockey Robby Albarado will get a new trial for an assault charge.

He was convicted last year and fined $500 in connection with a fight at his home involving his former girlfriend.  Albarado appealed the conviction, and has won.

Judge Brian Edwards said the prosecutor made an improper comment during jury selection regarding Albarado's marital status when he began a relationship with the girlfriend.

The judge said the comment could create prejudice by jurors, and didn't seem to have relevance to the charge.

The county attorney's office is considering its options.

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