Jury can’t reach verdict in sexual battery case
Published 5:00 am Thursday, September 28, 2000
After more than four hours of deliberations Wednesday night, ajury was unable to reach a verdict in the trial of a Lincoln Countyman accused of sexual battery and fondling his seven-year-old niecein December 1999.
Judge Keith Starrett declared the mistrial in the case againstMichael Kevin Edwards, 34, of 3060 Harmony Road at about 10 p.m.Wednesday. He was indicted on charges of sexual battery andtouching, handling or feeling a child for lustful purposes.
Assistant District Attorney Jerry Rushing indicated he wasplanning to try the case again.
“It’ll have to be reset on the docket for trial at a laterdate,” Rushing said.
Ed Bean, Edwards’ attorney, had no comment on the case.
During the trial, which included two days of testimony, theprosecution attempted to prove guilt by showing consistency in thegirl’s statements to Department of Human Services workers, ChildAdvocacy Center interviewers and law enforcement authorities. Nophysical evidence of the alleged assault was introduced.
On the defense side, Bean pursued a theory that the girl’s storywas a fabrication and coached by her mother, who is the ex-wife ofthe accused. Defense witnesses included Edwards’ wife and otherswho were in the house during the alleged night-time incident.
Bean contended the girl’s sexual education was notage-appropriate and was also influenced by the mother. He cited thegirl’s use of words such as “French kiss” and the availability ofadult-oriented materials in her house.
“That’s where that child’s sexual education came from,” Beantold jurors in his closing arguments Wednesday.
Rushing, though, questioned why a mother would put a childthrough the experience of a physical examination and testifying ata trial just to get back at an ex-husband.
Countering defense contentions that the girl showed noreluctance to be around Edwards after the alleged incident, Rushingcited her testimony on the stand Wednesday. Rushing said the onlytime the girl cried was when she was asked about the specificincident.
“She doesn’t love what he did to her, but she still loves heruncle today,” Rushing said in his closing arguments.