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ALBANY, N.Y. -- The case that gained national attention with Albany County District Attorney David Soares at the forefront has been dismissed again by a judge.

This is the second time Albany County Court Judge Stephen Herrick has dismissed the steroid case against five Florida pharmacy operators. This time he cited a conflict of interest since the operators brought a civil lawsuit against Soares.

It doesn't mean the case won't be heard; it just won't be heard in Albany County. Saratoga County DA James Murphy has been appointed to serve as a special prosecutor in the case.

Now, the process of prosecuting the pharmacists essentially starts over. The case will be reintroduced to a grand jury in Saratoga County.

Soares traveled to Orlando three years ago to take part in a raid on pharmacies called "Operation Which Doctor." Since then, more than a dozen people including pharmacists and doctors have pleaded guilty to drug and conspiracy charges.

Soares issued a statement saying, "Judge Herrick's decision is a get out of jail free card for every criminal defendant in New York State. His message to defendants is: 'if your DA is being too tough on you, sue him, and you can get a new one.' The Court's decision undermines the Criminal Justice System and the DA's who represent the interest of the People they serve. We are seeking immediate relief from Judge Herrick's decision and to close this dangerous loophole that he has created."