GEORGETOWN, Del. - A hung jury in Sussex county means a mistrial is declared in the Eric Bodenweiser sex abuse trial.
After more than six hours of deliberation Monday, around 3:40 PM, the judge declared a mistrial, when the jury couldn't come to unanimous verdict on any of the 15 charges against Eric Bodenweiser.
As Bodenweiser left court, Monday, he appeared not happy, but at least somewhat relieved at the decision.
One sign the jury was having some trouble coming to a decision, for about an hour, there was a closed hearing with everyone except the public, and media. We spoke to defense after, for their reaction.
Eric Mooney, Defense Attorney, described it as a "difficult, difficult case any time allegations are 25 to 27 years ago there's multiple different versions told and then you have Pastor Duane Smith is not really sure what he heard that puts the jury in a position where they have to try to make sense out of it. Obviously they weren't able to....He was expecting and hoping a not guilty verdict would come down, but all things being said, he lives to fight another day."
When that might be is still unknown. The next step is for the State is to decide whether or not to retry Eric Bodenweiser, and according to a spokesperson for the Department of Justice, they're "currently considering that decision."
Regarding when that might happen, in a statement to 47ABC, Jason Miller with the Delaware DOJ said, "there is no specific Court rule governing the timeframe,
but we would expect to make that decision in the coming weeks."
We're told by the defense, that all pre-trial bond stipulations will stay in place, which means although Bodenweiser is out on bond, he will continue to wear a GPS device and be supervised by probation and parole officers.
Just to recap the charges, the jury couldn't come to decision on Monday, Bodenweiser was facing 10 counts of unlawful sexual intercourse, and 5 counts of unlawful sexual contact for allegedly sexually molesting a 10-12 year old boy between 1987 and 1990.
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