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GLENWOOD SPRINGS, Colorado — A Parachute man, and former Rifle business owner, will get a new trial after a jury could not unanimously agree on a verdict, resulting in a hung jury.
A mistrial was declared in the sexual assault case against Michael William Wood, 48 at the time of his arrest. The jury deliberated for more than eight hours, according to a juror who wanted to remain anonymous. The court scheduled another trial for October.
The five-day trial lasted through Friday. Both defense attorney Tedd Hess and prosecutors for the 9th Judicial District Attorney's Office, Anne Kirkpatrick and Ed Veronda, presented closing arguments Friday morning.
The jury went into deliberation about 12:30 p.m. and returned about three hours later with a note for 9th Judicial District Court Judge Gail Nichols, that said they were divided and could not reach a verdict, according to Veronda.
Veronda said that Nichols gave the jury a modified “Allen Instruction,” the purpose of which is to encourage jurors to re-examine their opinions and attempt to reach a unanimous verdict, if possible.
After another five hours in deliberation, the jury returned a note to Judge Nichols that read, “It's ten to two and that will not change.”
According to the juror, 10 jurors voted in favor of a guilty verdict while two voted in favor of an innocent verdict.
The hung jury surprised Hess, who called it “a hell of a contested trial.
“I'm always surprised when it's a hung jury,” Hess said. “They happen, but they are rare.”
Hess added that he was disappointed that the jury voted 10-2 in favor of conviction. However, Hess said that he still views the mistrial as a win for the defense.
“In the business of being a criminal defense lawyer, they are considered wins, because you have prevented the prosecution from winning,” Hess said.
The juror said that one juror was “persistent” in their fight for an innocent verdict.
While a plea deal is a possibility before the October trial, Hess said that the defense is not interested and that they will be ready for the next trial.
Veronda did not want to comment on the case or if the DA's office would consider a plea deal at this time. However, Veronda did say that the DA's office was again ready for a court trial.
“We are prepared to proceed with the trial again,” Veronda responded in an e-mail message.
Wood, who took the stand in his defense, was arrested in December 2008 and charged with two counts of sexual assault on a child by a person in position of trust — victim under 15-years-old, and one count of sexual assault on a child by a person in a position of trust — victim 15-18 years old, according to the Garfield County Clerk's Office records.
Wood has been in the Garfield County Jail since Dec. 31, 2008, where he remains on a $300,000 bond.
Calls seeking comment from other jurors were not returned before deadline Monday evening.
jgardner@postindependent.com
A mistrial was declared in the sexual assault case against Michael William Wood, 48 at the time of his arrest. The jury deliberated for more than eight hours, according to a juror who wanted to remain anonymous. The court scheduled another trial for October.
The five-day trial lasted through Friday. Both defense attorney Tedd Hess and prosecutors for the 9th Judicial District Attorney's Office, Anne Kirkpatrick and Ed Veronda, presented closing arguments Friday morning.
The jury went into deliberation about 12:30 p.m. and returned about three hours later with a note for 9th Judicial District Court Judge Gail Nichols, that said they were divided and could not reach a verdict, according to Veronda.
Veronda said that Nichols gave the jury a modified “Allen Instruction,” the purpose of which is to encourage jurors to re-examine their opinions and attempt to reach a unanimous verdict, if possible.
After another five hours in deliberation, the jury returned a note to Judge Nichols that read, “It's ten to two and that will not change.”
According to the juror, 10 jurors voted in favor of a guilty verdict while two voted in favor of an innocent verdict.
The hung jury surprised Hess, who called it “a hell of a contested trial.
“I'm always surprised when it's a hung jury,” Hess said. “They happen, but they are rare.”
Hess added that he was disappointed that the jury voted 10-2 in favor of conviction. However, Hess said that he still views the mistrial as a win for the defense.
“In the business of being a criminal defense lawyer, they are considered wins, because you have prevented the prosecution from winning,” Hess said.
The juror said that one juror was “persistent” in their fight for an innocent verdict.
While a plea deal is a possibility before the October trial, Hess said that the defense is not interested and that they will be ready for the next trial.
Veronda did not want to comment on the case or if the DA's office would consider a plea deal at this time. However, Veronda did say that the DA's office was again ready for a court trial.
“We are prepared to proceed with the trial again,” Veronda responded in an e-mail message.
Wood, who took the stand in his defense, was arrested in December 2008 and charged with two counts of sexual assault on a child by a person in position of trust — victim under 15-years-old, and one count of sexual assault on a child by a person in a position of trust — victim 15-18 years old, according to the Garfield County Clerk's Office records.
Wood has been in the Garfield County Jail since Dec. 31, 2008, where he remains on a $300,000 bond.
Calls seeking comment from other jurors were not returned before deadline Monday evening.
jgardner@postindependent.com
