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Jury deadlocks in videotaped rape trial


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SANTA ANA, California (CNN) -- A judge declared a mistrial Monday in the trial of three teenagers charged with raping an unconscious 16-year-old girl, after the jury announced it was deadlocked on all 24 counts against the defendants.

"We have deliberated every count," said a note to the judge from the eight-man, four-woman jury. "We are deadlocked on every count with very serious convictions."

Defense attorneys and a middle-age male juror told CNN that 11 jurors voted "not guilty" on two counts of rape by intoxication and two counts of oral copulation by intoxication. The breakdown of the jury's vote on the other charges has not been revealed.

The defendants -- 19-year-olds Gregory Haidl, Keith Spann and Kyle Nachreiner -- are charged with three counts of rape by intoxication, two counts of oral copulation by intoxication, 14 counts of sexual penetration by intoxication, three counts of penetration by force, one of penetration by force in concert and one count of assault with a deadly weapon.

After announcing the jury was deadlocked, the judge called for a short recess. When Haidl returned to the courtroom he was shaking visibly and it was clear that he had been crying. Defense attorneys worked to try to calm him down -- giving him water and telling him to breathe slowly.

Spann also looked as if he had been crying during the break.

When the judge declared a mistrial, Haidl sobbed as he walked outside the courtroom to greet his parents. His father, Donald Haidl, the assistant sheriff of Orange County, also wept as he hugged his son.

A male juror in his early 30s told CNN that the prosecution's case had a lot of "ambiguities," and though the jurors "did not reach a proper verdict," the jury was "glad no one caved in" on their convictions.

Prosecutor Dan Hess has not indicated whether he will retry the teens. The prosecution said if it proceeded with a new trial, it will present additional evidence not presented in the first trial.

The 21-minute incident was recorded by Haidl on July 5, 2002, during a party at the home of his father, who was not there at the time.

Some of the teenagers can be heard making lewd comments on the tape, laughing at times and using profanity to describe various sex scenes.

Prosecutors contend that the girl was seduced, manipulated, and given drugs and alcohol before passing out and being assaulted numerous times as she lay motionless on a pool table.

Throughout the trial, defense attorneys presented jurors with a different characterization of the teenage girl, describing her as promiscuous and an aspiring porn star who was acting out her fantasies and agreed to be videotaped.

The girl, identified only as Jane Doe, testified for four days, telling jurors she did not remember anything after having a drink that may have been drugged.

CNN's Stan Wilson contributed to this report.


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