jmccann@heraldsun.com; 419-6601
DURHAM -- A Superior Court jury Tuesday agreed they wouldn't be able to reach a unanimous decision in Luis Escobar's trial on charges of taking indecent liberties with a child.
Superior Court Judge Ronald Stephens declared a mistrial. He expressed regret the jury couldn't resolve the matter.
"It's unfortunate," Stephens said. "But those things happen from time to time."
The judge planned to meet this morning with Escobar's lawyer, Matt Cook, and Assistant District Attorney Jan Paul to discuss how to proceed. That discussion will include whether Escobar has to stay in jail or if he's eligible for bail, Stephens said.
Escobar was indicted on two counts of statutory sexual offense, two counts of sexual activity by a substitute parent and two counts of taking indecent liberties with a child. After the state's evidence was presented, the court dismissed the charges for statutory sexual offense and sexual activity by a substitute parent. The victim's trial testimony differed from her account to teachers, social workers, doctors and from what she said on a videotaped diagnostic interview two years ago, Paul said.
So the jurors were deliberating only on the indecent liberties charges.
The jury heard both Escobar, 29, and his lawyer describe the alleged victim as a little girl with an imagination.
Paul contended little children -- the alleged victim was 5 or 6 when the alleged crimes happened sometime between 2006-07 -- don't fantasize about being touched in sexual ways.
