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Everson trial: Jury still out

[ 0 ] January 19, 2011 |

After seven and a half hours of deliberation, the jury of four women and eight men failed to reach a verdict in the Cedric Everson sexual abuse trial on Wednesday.

Deliberations will resume Thursday morning.

The activity from the jury on Wednesday came in the form of a jury question that Judge Paul Miller received before the noon hour. Miller brought in Assistant Johnson County Attorney Anne Lahey and defense attorney Leon Spies to address the question. Everson and his family, who have been present throughout the trial, listened in.

Everson, 21, a former Unversity of Iowa football player is accused of sexually assaulting a former UI student athlete in a vacant dorm room in Hillcrest Residence Hall on Oct. 14, 2007. The prosecution and police alleged that after the woman had a sexual encounter with Everson’s former teammate, roommate and codefendant Abeberell Satterfield, Everson sneaked into the empty room, told Satterfield to get out of bed and had sex with the woman while she was asleep or passed out. Everson then allegedly told Satterfield — who said he fell asleep on the floor of the room — to get back into bed.

Miller said the jury asked if they could review the previously recorded testimony of Christine Kuczek, a UI student athlete who was with the alleged victim on Oct. 13, 2007. Kuczek testified about drinking in the woman’s dorm room, then going to a house party. Kuczek later saw her friend back at Hillcrest and described her as appearing intoxicated. When they next saw each other, it was the following morning and the woman was at her door, with blood on her hands, claiming she had been sexually assaulted. Kuczek took the woman to the University of Iowa Hospitals and Clinics, where a sexual assault exam took place.

Lahey and Spies said they believed Kuczek’s video taped deposition should be treated like any other testimony and therefore, not subject to review. Miller said he would inform the jurors they had to rely on their recollection of Kuczek’s testimony.

Everson was originally charged with second-degree sexual abuse, a class B felony, which carries a potential sentence of up to 25 years in prison. However, after Satterfield testified the sex between him and the alleged victim was consensual and he had no idea what Everson’s intentions were, Spies successfully petitioned Miller to have the offense reduced to third-degree sexual abuse, a class C felony. The offense carries a potential sentence of 10 years in prison.

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Category: Iowa Hawkeyes Football

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