The trial of convicted sex offender Andrew Allmon, 55, of Cortez, ended Friday in a mistrial after jurors deliberated for more than 10 hours.<\/p>\n
The jury deadlocked on charges that Allmon sexually assaulted an 8-year-old girl on June 17, according to District Attorney Will Furse.<\/p>\n
The jury also found Allmon not guilty on two charges of sexual abuse against a child.<\/p>\n
Furse said he plans to request a retrial on Jan. 20.<\/p>\n
\u201cAfter consulting with the victim\u2019s family, the District Attorney\u2019s Office will be proceeding with a retrial. We feel it important for all involved that a jury reach a verdict in this case,\u201d Furse said.<\/p>\n
In a half-hour closing statement to jurors on Thursday, Jan. 15, Furse utilized a PowerPoint presentation, stating the defendant sexually abused the alleged victim \u201cnot once, not twice, but three times.\u201d<\/p>\n
\u201cLadies and gentleman, Andrew Allmon is guilty of sexual assault,\u201d said Furse.<\/p>\n
In her half-hour closing statement to jurors, public defender Amy R. Smith stated that the parents of the alleged victim instructed the child to fabricate the allegations against her client.<\/p>\n
\u201cLadies and gentlemen, this is a case of false accusations,\u201d said Smith.<\/p>\n
Furse countered that the evidence presented at trial proved the defendant\u2019s guilt beyond a reasonable doubt. He added that the victim\u2019s family had no motivation to make up allegations.<\/p>\n
\u201cWhat are they gaining?\u201d posed Furse.<\/p>\n
Smith argued the victim\u2019s family was deeply troubled, and the parents utilized pressure and intimidation to force the child to lie. She said evidence showed the family had filed false accusations with authorities before.<\/p>\n
\u201cThis has snowballed out of control,\u201d said Smith.<\/p>\n
Prior to closing statements, Chief District Court Judge Doug Walker gave jurors a score of final directives. Instructions included the prohibition of cell phone use during deliberations, legal definition of sexual assault on a child, limitations of the evidence connected to the suspect\u2019s prior criminal history and how to complete six different verdict forms.<\/p>\n
Randomly selected by the defendant prior to the start of trial proceedings last week, alternate jurors No. 3 and No. 9 were temporarily excused prior to deliberations. Walker told the alternates not to discuss the case, because they could still be called in to help decide the case if another juror was unable to continue.<\/p>\n
A jury of five women and seven men retired to the jury room to begin deliberations at 11:40 a.m. on Thursday.<\/p>\n
According to testimony, the suspect invited a husband and wife along with their daughters, then 15, 13 and 8, to live with him in April 2013 after they had been evicted. The mother said Allmon \u201cwas good to the family.\u201d<\/p>\n
\u201cWe trusted him,\u201d the mother testified.<\/p>\n
On cross-examination, the mother admitted that her youngest daughter initially denied the allegations of sexual assault, and added that she was never alarmed by a change in the child\u2019s behavior.<\/p>\n
A medical expert who examined the alleged victim two days after the June 2013 incident said he didn\u2019t find any signs of injury.<\/p>\n
The alleged victim, now a 10-year-old fourth-grader, showed little emotion from the witness stand when describing the alleged sexual abuse. She told jurors that she rehearsed her testimony with prosecutors.<\/p>\n
At times appearing disinterested in the proceedings, the alleged victim\u2019s older sister \u2013 the only eyewitness to the alleged crimes \u2013 also testified. Stating that she had tried to erase the incident from her memory, the sister said she didn\u2019t \u201cexactly remember\u201d what happened.<\/p>\n
\u201cI\u2019m ready for this to be over,\u201d she said from the witness stand.<\/p>\n
Allmon opted not to testify on his behalf. A Montezuma County grand jury previously indicted the suspect on nine counts of child sexual assault and four drug offenses.<\/p>\n