[The Brazil Times nameplate] Overcast ~ 54°F  
High: 58°F ~ Low: 47°F
Monday, May 2, 2016

Mistrial declared in molestation case

Thursday, August 14, 2008

(Photo)
A Brazil man's trial for alleged child molestation and battery charges ended in a mistrial Wednesday, but the case is not over.

Joseph A. Short, 32, was on trial for one class C felony charge of child molesting a juvenile under 14-years of age (which, if convicted, is punishable up to 2-8 years imprisonment with a $10,000 fine) and one class B misdemeanor charge of battery (punishable with up to 0-180 days imprisonment and a $1,000 fine).

During the investigation of the incident that allegedly took place on May 1, Brazil City Police Det. Clint McQueen acquired enough information to arrest Short for alleged incident(s) of inappropriate fondling or touching of a 12-year-old juvenile, and a separate incident of shoving the same juvenile.

After hearing testimony all day Tuesday in Clay Superior Court, the case was turned over to the 12 jurors Wednesday morning.

After approximately 8-10 hours of reviewing evidence and deliberations, the jury foreman informed Superior Court Judge Blaine Akers they were unable to make a decision.

The proceedings were ordered a mistrial and Akers remanded Short back into the custody of the Clay County Justice Center to await further potential court proceedings.

Akers said Short would continue to be incarcerated in jail on the original $25,000 cash bond with no 10 percent allowed.

The Clay County Prosecutor's Office was informed by Akers it would have until Sept. 1, to notify to court of its intention to pursue the case.

Although details are limited because the case is still pending, Clay County Prosecutor Lee Reberger told The Brazil Times the case would need to be reviewed again.

"There was some new information that came to light during the proceedings," Reberger said.

"The Prosecutor's Office will need to review that information and determine if it is appropriate and needs further investigation before determining whether to pursue prosecution of Mr. Short."

Reberger said a decision could be made in the case within 7-10 working days.


Comments
Note: The nature of the Internet makes it impractical for our staff to review every comment. If you feel that a comment is offensive, please Login or Create an account first, and then you will be able to flag a comment as objectionable. Please also note that those who post comments on thebraziltimes.com may do so using a screen name, which may or may not reflect a website user's actual name. Readers should be careful not to assign comments to real people who may have names similar to screen names. Refrain from obscenity in your comments, and to keep discussions civil, don't say anything in a way your grandmother would be ashamed to read.

a miss trial is a miss trial just let the man go

he has been in jail long enough obveouisly if they had enough information then they would of convicted him they have nothing let him go home to his family they suffered enough already

-- Posted by disney on Fri, Aug 15, 2008, at 11:50 AM

why hold an inocent man any longer let him go

-- Posted by disney on Fri, Aug 15, 2008, at 11:51 AM

-- Posted by disney on Fri, Aug 15, 2008, at 11:52 AM

Eleven jurors could vote guilty and if one can't decide, then you get a hung jury. This is far from a verdict of not guilty. Unless the new information shows that he didn't do the crime, the prosecutor needs to try him again.

-- Posted by Unsolicited opinion on Fri, Aug 15, 2008, at 12:55 PM

sounds like disney is a friend of his!!!

-- Posted by joemullins on Fri, Aug 15, 2008, at 1:26 PM

-- Posted by Lafin on Fri, Aug 15, 2008, at 9:54 PM

I was at the trial...I wanted to see him hang..but the facts are that Judge Akers polled the jurrors. There were 11 jurors who voted to aquit and one who did not. Unfortunately, the girl changed her story and said she made it up because he took her cell phone away. My bet is that the prosecutor will not bring charges against this man again. Even the mother and grandparents of the girl testified on behalf of this man.

-- Posted by Lafin on Fri, Aug 15, 2008, at 9:57 PM

Judge Akers even suggested his attorney prepare papers to have him him o/r out of jail. My guess is by Monday or Tuesday, he will be sitting in the sun.

-- Posted by Lafin on Fri, Aug 15, 2008, at 10:02 PM

-- Posted by bnnsho on Sat, Aug 16, 2008, at 7:36 PM

i was at this trial and it sounds to me that it was a stupid parenting mistake i know this family and wish them well yes it was a mistrial and they should just let the man go but they wont i do look for them to retrial him and make these peoples lives a living hell......

-- Posted by bnnsho on Sat, Aug 16, 2008, at 7:39 PM

and it was 11 not guilty 1 guilty unsolicited opinion please get your facts straight before commenting

-- Posted by bnnsho on Sat, Aug 16, 2008, at 7:42 PM

lafin either you worked for the court social services you are a juror or casa sorry you didnt get what you wanted no one else was at the trial but family

-- Posted by bnnsho on Sun, Aug 17, 2008, at 8:06 PM

maybe it really was what the child said it was and just poor judgement on a father put on the spot by a disabled child but no parent is perfect everyone wishes they would have done something different as a parent

-- Posted by bnnsho on Sun, Aug 17, 2008, at 8:11 PM

bnnsho,

read Unsolicited opinons post again. unsolicited opinion is giving a hypothetical situation. that is why the word "could" was used and not "did". if you are going to criticise, please get your facts straight.

-- Posted by IIVIIy Name Is on Mon, Aug 18, 2008, at 5:45 AM

well i am sorry for the mistake but this is a man that IS NOT GUILTY his family has been thru more then anyone should ever go thru is my point

-- Posted by bnnsho on Mon, Aug 18, 2008, at 5:41 PM

guilty or not, the jury was not able to say either way. if you know something that prooves that he is innocent then you should contact the his legal defense.

-- Posted by IIVIIy Name Is on Tue, Aug 19, 2008, at 9:35 AM

i have that is the reason we are going all the way with this case that is why there was 11 not guilties we must have done something right to get that but everyone is saying guilty before he is ever convicted that little girl pleaded her heart out in court and doesnt understand why he isnt home it was hard enough for an adult to admit guilt let alone a child but no one is looking at it from that point

-- Posted by bnnsho on Tue, Aug 19, 2008, at 7:52 PM


Respond to this story

Posting a comment requires free registration: