After two separate juries were unable to reach a consensus in a rape case involving two Kansas University students, prosecutors decided not to try the case a third time.
"I based that decision on the fact that it was a well-tried case both times, and the second time we were not able to make out any real difference in the split of the juries," Douglas County Dist. Atty. Christine Kenney Tonkovich said Thursday.
The woman was a sophomore when she accused the 18-year-old man of rape following the Oct. 17, 1998, "Late Night with Roy Williams" basketball exhibition.
In both trials, defense attorney Don Smith pointed to inconsistencies in the woman's testimony. Assistant Dist. Atty. David Zabel said the woman's confusion was a natural reaction to the situation, and that she wasn't lying.
There were no other witnesses to the incident.
"I'm not critical of the fact the jury couldn't reach a verdict," Tonkovich said. "I understand that in these cases we have an uphill battle."
The trials ended June 18 and Aug. 27. In the first trial, jurors acquitted the suspect of a sexual battery charge involving another woman but found him guilty of furnishing alcohol to a minor.
"It's always difficult when you believe that you have filed charges correctly and that you have evidence to support your decision, but you're not able to convince 12 jury members," Tonkovich said.
The woman told police the attack occurred in her room at Ellsworth Hall after a party she had attended in the man's dorm room.
-- Chris Koger's phone message number is 832-7126. His e-mail address is ckoger@ljworld.com.
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