The Daily Gamecock

Brief: Jury deadlocked in USC rape case

A jury spent about nine hours deliberating the case of a man who is alleged to have raped a USC student before deadlocking on Wednesday night, The State reports.

Carlos Hernandez, 23, is charged with rape and kidnapping for a January incident. The prosecution's case was supported by law enforcement officers and other witnesses, and Hernandez's own testimony was used by his defense. After allowing the jury to hear witness testimonies again, Judge Robert Hood ended up declaring mistrial.

"It was a he-said, she said situation, and those type cases are difficult for a jury to believe," said Ryan Schwartz, one of Hernandez's defense attorneys.

The prosecution presented DNA evidence and surveillance footage of Hernandez following the victim, while the defense argued that the victim's "judgment [got] impaired" due to alcohol consumption, she regretted the encounter and made up her story.

“This case is very important to both sides. This is their only day in court,” Judge Hood said to the jury before they deliberated the case.

Hernandez is an undocumented Mexican immigrant, but his visa allows him to stay in the United States as long as he does not break the law. He is currently being held at the Alvin S. Glenn Detention Center.

Prosecutors have not said definitively what their next move will be, but defense believes Hernandez will be tried again.


Read more here: http://www.thestate.com/news/local/crime/article109186257.html#storylink=cpy


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