COLORADO SPRINGS, Colo. (AP) — The Colorado Court of Appeals has reversed the dismissal of criminal charges against a developer in connection with a U.S. Olympic Committee headquarters deal.

But the Gazette reports that the court’s Thursday ruling leaves an opening for Ray Marshall to argue his rights were violated because trial rules were not followed.

An investor fraud case was underway following Marshall’s 2009 grand jury indictment when prosecutors received a tip related to funds allegedly being diverted from a multimillion-dollar deal to keep the U.S. Olympic Committee in Colorado Springs. Prosecutors unsuccessfully sought to add charges to the original case.

The appeals court says Marshall couldn’t object to prosecutors trying to join the cases, then argue the opposite to have the later charges dismissed following his acquittal in the original case.

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