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Jury still out on Carrier, some decisions made
Posted: 04.16.2012 at 8:42 PM
Updated: 04.17.2012 at 7:25 AM
Abbie Burke

Abbie Burke is a general assignment reporter for FOX21 News.

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Joshua Carrier is facing more than 200 criminal charges. Jury deliberations continued for a fifth day on Monday.  / FOX21: File photo
Photo

COLORADO SPRINGS, COLO. -- After five days of deliberations the jury in the Joshua Carrier case still has not reached a verdict.

Carrier, a former Colorado Springs Police officer and assistant wrestling coach at Horace Mann Middle School, is facing more than 200 criminal charges.

His charges include sexual assault on a child by a person in a position of trust and sexual exploitation of child.

The jury began deliberating last Tuesday afternoon after hearing weeks of testimony, including testimony from boys on the wrestling team who said Carrier touched them inappropriately during "skin checks."

More on the Carrier trial
Carrier juror wants to quit 
Case goes to the jury 
Suspect chooses not to testify 
Carrier's lawyers to rest case 
Carrier's father takes stand 

The jury still has not been able to come to a unanimous decision, at least not on all of the counts.

Monday the jury told the judge they have reached unanimous decisions on some of the counts against Carrier, but not all of them.

John Donohoe, a local Attorney, said the jury can take as long as they like.

"There is no time limit on the jury," Donohoe said. "The judges will typically want a jury to deliberate as long as they need to if they feel like they are making progress," he said.

Donohoe said if the jury can't come to an agreement, a mistrial could be declared for only the counts that haven't been agreed on.

"Those counts that they have reached an agreement, those have been decided and the jury has resolved those issues. But on those counts where they haven't reached an agreement, the judge will either typically tell them to continue to deliberate or maybe eventually declare a mistrial on those counts because they haven't been able to reach a unanimous agreement," Donohoe said.

It would then be up to the District Attorney's office to decide if they want to retry the defendant on those unresolved counts.

"They would start from scratch, from picking the jury to presenting all the testimony and evidence," Donohoe said.

Both the defense and the prosecution could request a change in venue for a new trial, but Donohoe said it's unlikely they would get one.

"Whether it's the prosecution or the defendant, they would have the option of asking the judge for a change in venue because the first trial got so much publicity, but that would be up to the judge ultimately if the issue was raised," Donohoe said.

Donohoe said mistrials are rare, but in a case with more than 200 counts, it's definitely a possibility.

"If you have a case with a lot of counts, the more counts you have the more percentage chances you have that the jury might not meet a unanimous decision on all those counts. It's not the norm, but it's certainly could happen," he said.

If a mistrial was declared on some of the counts Donohoe said a new trial would most likely have to begin within 90 days.

"The speedy trail statue says the defendant has to be tried within six months of entering a not guilty plea but with a mistrial it normally has to be tried within 90 days," Donohoe said.

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