The New Jersey Supreme Court has granted a new trial for a Toms River man serving two life sentences for killing his mother and her longtime companion.

In an opinion released Tuesday, the high court found that Peter J. O’Brien was denied a fair trial because the judge repeatedly questioned him when he took the stand.

Justice Virginia Long, writing for the majority, said Superior Court Judge James N. Citta improperly took on the role of the prosecutor.

O’Brien, now 30, was convicted of murder in the shooting deaths of Josephine O’Brien and Anthony Napoleon at their Toms River home in May 2004.

Ocean County Executive Assistant Prosecutor Michael A. Paulhus says the state plans to retry O’Brien and again seek life terms.

Copyright 2009 The Associated Press.