Mistrial in sex assault case
'Despite much effort, we believe we cannot reach a unanimous decision,' jury tells judge
Shane Magee
Northern News Services
Friday, July 24, 2015
SOMBA K'E/YELLOWKNIFE
A 12-person jury was unable to reach a unanimous verdict this week in the trial of Russell Dean George Doll, 54, accused of sexually assaulting a senior in the fall of 2013.
The three-day trial included jury selection, testimony from the complainant and deliberations ending Wednesday evening with NWT Supreme Court Justice Louise Charbonneau.
Doll allegedly went with the woman to her residence Oct. 30, 2013, where he penetrated her with his hand. She testified that she objected but that he continued with intercourse.
Doll, who is currently in jail for molesting a five-year-old girl in 2005, did not testify at the trial.
The jury of seven women and five men began deliberating at about 11 a.m. Wednesday.
"Despite much effort, we believe we cannot reach a unanimous decision. Please advise," said a note from the jury at about 4 p.m., Wednesday.
Charbonneau told the jury she would not hold them hostage in hopes of getting a unanimous decision.
She told them dismissing them is "not a power I take lightly." She also said the split should not reflect badly on the jurors.
The judge asked them to go around the jury-room table voicing their opinions one more time.
After 5 p.m. another note was sent saying they could not reach a verdict. The jury was dismissed and a mistrial declared.
Crown prosecutor Marc Lecorre told Yellowknifer that Charbonneau was satisfied the jury had tried their best to reach a verdict.
The Crown is now considering whether to proceed with a retrial or not, Lecorre said.
The case is expected to return to court in September.
