By GAIL OBER, LACONIA DAILY SUN
LACONIA — The jury remains deadlocked in the trial of a Gilford man who is accused of raping his former girlfriend in front of their 3-year-old daughter last January.
Opening arguments in the case against Carroll Thompson, 45, began Dec. 6 and testimony ended on Friday afternoon after Thompson took the stand in his own defense.
The state claims that Thompson forcibly raped his ex-girlfriend after she threatened to leave him and take their child. The defense claims that the two had consensual sex earlier in the day and the alleged victim cried rape later that day to prevent him from gaining custody of their child.
After closing arguments Monday morning, the jury retired to deliberate. About mid-afternoon, they told Judge James O'Neill they were deadlocked.
O'Neill told jurors that if the majority of them is for a conviction, then the others should reconsider if their doubt is a reasonable one. On the other hand, if a majority are in favor of acquittal, then the rest of the jurors should reconsider the reasons why their fellow jurors are not convinced that the state has proven its case beyond a reasonable doubt.
Should the jury remain deadlocked, a mistrial will be declared. After 30 days, both the prosecution and the defense teams are allowed to reach out to individual jurors to determine what the overall sentiment of the jury was and why, in their opinion, they were unable to come to a unanimous conclusion.
Individual jurors are under no obligation to talk to them.
This information is typically used by both sides to determine if the case should be tried again and, if so, whether or not there is solution preferable to a new trial.
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