The trial involving a notorious high speed motorcycle chase is thrown out of Pottawattamie County District Court. The jury’s verdict in the aggravated misdemeanor case of 37-year-old James Foldenauer, for eluding authorities, will never be revealed to the public.

Foldenauer has maintained all along that he was not riding his motorcycle on August 5th of 2009, during a 33 mile pursuit involving multiple agencies across state lines. The rider was clocked going 188 miles an hour at one point on the interstate.

Judge Charles Fagin ruled Friday that prosecutor, Tom Nelson, crossed a line in his closing statements. Nelson’s remarks to the jury referred back to testimony from Iowa State Trooper, Sergeant Bryan Michelsen.

The trooper had testified that Foldenauer disputed one citation for running a red light during the chase. A Council Bluffs city traffic camera later confirmed whoever the motorcyclist was, the light in question was indeed green.

Nelson told jurors in closing remarks that Foldenauer had waived his right to remain silent with that detail given to authorities. Judge Fagin said it wasn’t the prosecutor’s reference of Miranda rights that was a problem. “What bothers me,” he said, “is I believe this went beyond that to a shifting of the burden on the defendant.”

The judge also said Nelson acted as a “witness” during those remarks, as opposed to an attorney.

With the trial over, Judge Fagin released video to Channel 6 News, showing a portion of the motorcyclist pursuit recorded by Sgt. Michelsen’s cruiser camera. The tape showed the suspect exiting I-29 at 25th Street, and a stint around Council Bluffs. It does not show the highest speed, 188-miles-an-hour, that the motorcyclist was clocked at on the interstate.

"It's a record for Iowa, and we're hearing it's possibly a national record on a public roadway," said Sgt. Michelsen. The video quality is not good enough to positively identify the rider.

The priority for Sgt. Michelsen and other troopers that day he said, was, “public safety. First for the individual that's being (chased), as well as the officers pursuing, and the public around."

As the motorcycle weaved through neighborhoods, Sgt. Michelsen can be heard on the video talking with a helicopter overhead, "I'm gonna back off if you want to keep an eye on him."

Airing on the side of caution, he said, was the best course at the time. "Due to the speeds involved and the distance, the higher the speed and the longer a pursuit goes on the more risk there is for something bad to happen.”

Sgt. Michelsen said he’ll never forget being part of this record-breaking pursuit. "It'll stick with me through my retirement years, yes." He could not comment further on the case itself since the Pottawattamie County Attorney says his office is planning an appeal.

Defense attorney David Richter had asked the judge to rule an "intentional" mistrial due to the prosecution comments. That would have meant his client could not have been tried again. He said his client is a mechanic who could not easily afford the legal representation involved in a second trial.

However, the judge did not think Nelson's statements fell into the "intentional" category, which opens the door to re-trial.

The "eluding" charge Foldenauer would face in a new trial is an aggravated misdemeanor, punishable by up to two years behind bars. He also faces several other misdemeanor traffic citations which will be addressed after the appeal.