Trial ends in hung jury – again

District Judge Reginald Badeaux declared a mistrial for the second time in the case against a Slidell man accused of inappropriately touching a 3-year-old girl.

Rick Wood, spokesman for District Attorney Walter Reed, said both sides in this case are battling a language barrier that appears to be troublesome for jurors, as nearly everyone in the ivolved in the case, with the exception of the victim, does not speak or read English. He said the victim’s age as well as the defendant’s age could also be factors in the two mistrials.

Wood said the jury deliberated for five hours Wednesday evening before returning to report that they could not come to a consensus.

Slidell police arrested the defendant, Jacinto Martinez, 75, of Slidell, December 2007 after the child told her mother that Martinez had touched her inappropriately.

He was initially charged with sexual battery. When the case went to trial the first time last summer, the six-person jury told the judge they could not reach a unanimous vote and Badeaux declared a mistrial.

When the case returned for a second trial this week, the prosecution had reduced the charge to indecent behavior with a juvenile hoping to get a conviction.

Unsuccessful in this second attempt, Wood said, the prosecution must now decide if it wants to move forward with a third trial.

“Something that has to be considered is that it has returned twice with a mistrial,” he said. “We need to consider that when we decide whether or not to go forward.”