Next Steps For Defense, State After Mistrial In Bodenweiser Tria - 47 ABC - Delmarva's Choice

Next Steps For Defense, State After Mistrial In Bodenweiser Trial

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GEORGETOWN, Del. - More than a year and a half since his arrest on child sex abuse allegations, Eric Bodenweiser and his alleged victim are both back to where they started.

No decision from the jury.

No word on if or when the case will be heard again.

"It's clearly an unusual practice," said attorney John Brady.

Brady says he's only had two mistrials in his 23 years as a Delaware attorney. Most mistrials, Brady says usually happen in murder or rape cases.

"You can just presume that they were hopelessly deadlocked, that there was one camp that believe of the acquittal and one camp that believed in a guilty verdict," says Brady.

So what happens next with Bodenweiser? Brady says he'll still need to wear an ankle bracelet, have no contract with children and need to check in regularly for pre-trial services.

"Until the state makes the determination if they are either going to pursue, it will stay at a purgatory limbo."

Brady says Bodenweiser can't face more than 15 charges because that's where the case left off.  For the state of Delaware -- they'll need to decide whether to schedule a new trial, figure out if witnesses even work in this case or completely drop the case.

There isn't a time frame for a decision for Delaware Superior Court, but the Department of Justice says they'll make a decision in a few weeks.

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