Jurors gave up deliberating Monday after they couldn’t reach a verdict in the trial of a Lawrence man accused of climbing in bed with a stranger and sexually assaulting her at knifepoint.

Nine of the 12 jurors believed defendant Brian K. Charles was guilty of charges of aggravated burglary and aggravated sexual battery, jurors said afterward outside Douglas County District Court. But the lack of physical evidence and the fact that Lawrence Police didn’t videotape their interview with Charles were two factors jurors said made it impossible to reach a unanimous verdict.

“I find it very disturbing,” said juror Nadene Newland, one of a majority of jurors who wanted to convict. “I feel like we failed.”

Dist. Atty. Christine Kenney said her office would review the case and decide whether to try it again. Her office alleges Charles, 20, is responsible for a series of break-ins the past two years at young women’s apartments near Clinton Parkway and Kasold Drive — allegations he denies.

The trial charges stemmed from two incidents: a May 2, 2002, attack at an apartment in the 3700 block of West 24th Street, and a police stakeout two weeks later in which officers said they spotted Charles trying a door handle on an apartment in the 3500 block of West 22nd Street.

The jury did convict Charles of attempted burglary and possessing marijuana found in a search of his home.

A piece of evidence that many jurors found incriminating in the assault case was that the 24-year-old victim picked Charles from a photo lineup after his arrest. But a few jurors weren’t sure the woman’s memory was accurate, in part because the bedroom was dark.

“The jury did split a bit on gender lines, with all of the women believing her ID was spot-on,” said juror Margie Schmille, of Eudora.

DNA from the woman’s bloody nightshirt was found to be hers, not Charles’. There were no fingerprints.

Assault, burglary trial nears end (3-26-04)

“One more piece of solid evidence that put him in (the victim’s) house — that’s all it would have taken” to convict Charles, Schmille said. “There was no evidence other than her ID.”

Jurors said if Lawrence Police had videotaped their interview with Charles, it could have shown his demeanor after his arrest and possibly helped them reach a verdict on the assault charge.

“I think that they need to change their policy,” Schmille said. “They need to do videotaping regardless of how petty the crime is.”

The department is reviewing its videotaping policy, said Sgt. Mike Pattrick, a police spokesman, but he declined to talk about specifics of Charles’ case. He said technology didn’t allow the department to tape every interview.

In the past, the department’s policy has been to videotape only interviews in certain major crimes, Pattrick said. He would not reveal which crimes were on that list.

Charles, who lives near the scene of the burglaries, alleges that police are targeting him because he’s a black man living in a mostly white neighborhood. He initially was charged with two more incidents in that neighborhood — a burglary and attempted burglary — but a judge threw out those charges for lack of probable cause.

Prosecutors also allege Charles committed two more burglaries last fall while out on bond in this case. Charges are pending.