LUFKIN, TX (KTRE) - An Angelina County judge has declared a mistrial in the case of a 38-year-old Trinity man accused of continuously sexually assaulting a girl under the age of 14.
Judge Bob Inselmann declared a mistrial in the Tivirus Deshun Craft Case at about 10 a.m. Wednesday because of a hung jury. The jury could not come to an agreement on Craft's guilt or innocence.
The jury has been released, and a new trial will be scheduled for some time in April.
The jury deliberated for more than three hours Tuesday before they decided to go into recess for the day.
Craft elected not to testify in court on his own behalf.
During his closing arguments Tuesday, John Reeves, Craft's defense attorney, said that his client suffered an injury to his genital area and could not perform sexual acts.
However, John Peralta, the prosecutor on the case, argued against Craft's injury. He said no medical records or photographs were used as evidence to prove the injury.
Peralta said that the victim's story was consistent every time she shared it with different parties during the investigation.
"It was very detailed, not stuff you get from watching TV," Peralta said.
After the state rested, Reeves told the jury that the state's evidence didn't add up, and he reminded them of what happened when the victim's mother took the stand.
"Mom said at first, she believed her, but after they left Harold's House, she talked to her daughter and wasn't down for the count," Reeves said.
The defense attorney also told the jury that the timeline in which the victim's father notified law enforcement is questionable.