Posted on 02/04/2005 5:43:57 PM PST by ambrose
Mistrial declared in case of man who blamed sex assault on sleepwalking
By JOHN CURRAN
Associated Press Writer
February 4, 2005, 7:15 PM EST
BRIDGETON, N.J. -- A mistrial was declared Friday in the case of an accused child molester whose defense was that he was sleepwalking at the time.
After 7 hours of deliberations over two days, a jury told Superior Court Judge Richard Geiger it was hopelessly deadlocked. When Geiger questioned them, he was told further deliberations would be fruitless.
Prosecutors plan to retry Jonathan Hutchinson, 33, over the incidents, which occurred in the home he shared with his live-in girlfriend and her three children.
Hutchinson allegedly molested his girlfriend's 14-year-old daughter on at least three occasions in 2001 and 2002. He was charged with aggravated sexual assault, sexual assault, aggravated sexual contact, criminal sexual contact and child endangerment.
"It's obvious the jury listened to and considered the testimony as to sleepwalking, and they recognized its acceptance under New Jersey law," said defense attorney John Morris.
Hutchinson claimed to have had a history of sleepwalking. He testified that he would find himself lying in the girl's bunk bed.
"I can remember waking up. I can remember (the victim) pulling my hand, which was down under her clothing. I can remember being extremely embarrassed, extremely confused," he said Tuesday.
The victim, who is now 18, testified that she told her mother about the incidents but that she did not report them to police until March 2002. On the stand, she admitted lying to police when she said she had never told her mother before. She said she lied because she didn't want her mother to get in trouble.
The 10-woman, two-man jury asked to hear her testimony played back on audiotape Friday.
Assistant Cumberland County Prosecutor Linda Lawhun, who tried the case, said she wasn't sure why the jury didn't convict Hutchinson.
"I found it very difficult to get a read on what they were thinking," she said.
Hutchinson, who is free on bail, faces a Feb. 28 status conference.
"He's relieved that he finally got his opportunity to present his case, but frustrated that it took this long and that he will have to incur more (legal) expenses," Morris said.
In 2001, Richard Overton, 43, of Pleasantville, mounted a similar defense after being charged with molesting a sleeping 7-year-old girl his girlfriend was babysitting.
He was cleared of sexual assault and attempted aggravated sexual assault but convicted of child abuse and child endangerment. The convictions were reversed on appeal.
awww... the jury system.
the new "insanity" plea.
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