MISTRIAL (Hung Jury)
MISTRIAL (Hung Jury); subsequently dismissed by the State
13 Counts of Sexual Assault of a Child (Texas Penal Code Section 22.011)
Defendant was charged by Indictment with 13 counts of Sexual Assault of a Child in 416th Judicial District Court of Collin County, Texas. The case involved a multitude of complex issues, including the Complainant having an intellectual disability and a life-long custody battle for her between her parents, with the defendant being the Complainant’s stepfather. Donald H. Flanary and his associate, Amanda I. Hernandez, tried the case with the assistance of local counsel and were able to successfully put up a fight at every stage of the proceeding. After a hard-fought, week-long trial, a mistrial was declared when 2 of the 12 jurors would not vote to join the other 10 in acquitting the defendant. After the mistrial, the State dropped all charges against the defendant.