Mistrial declared; prosecutors will try again
NEW PHILADELPHIA – A week-long jury trial for a 79-year-old Newcomerstown man accused of child sex crimes has ended in a mistrial after jurors could not agree on a verdict.
David J. Abate had pleaded not guilty to rape and gross sexual imposition. The trial began on October 14th and ended on October 20th when the jurors informed Judge Michael Ernest that they had not reached unanimous decisions on either charge and additional time would not change that. Ernest ruled it as a hung jury and declared a mistrial. Tuscarawas County Assistant Prosecutor Kristine Beard said she will seek a second prosecution. The court had not set a date for another jury trial.
Abate remains free on his own recognizance with an ankle bracelet. The court earlier had him transported to the Valor Home for homeless veterans in Akron.