CADILLAC — A 33-year-old Cadillac man will likely have a second trial after a jury of his peers could not reach a verdict regarding one of the criminal sexual conduct offenses he was charged with.
Kirk Allen Murray was found to be not guilty of a charge of first-degree CSC, personal injury, but that same jury could not reach a unanimous verdict on the second charge of third-degree CSC, force or coercion. As a result, that inability to reach consensus by the jury led to a hung jury on that charge.
A hung jury is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Wexford County Clerk Alaina Nyman said the jury deliberated for nearly six hours and were brought into the courtroom twice during those deliberations. At which time, 28th Circuit Court Judge William Fagerman read instructions regarding a hung jury, Nyman said. Fagerman also offered ways the jury could reach a verdict, according to Nyman.
Although the jury ultimately could not reach a verdict on the third-degree CSC offense, Nyman said he is already scheduled for another final pretrial on the charge and if needed a second trial.
Wexford County Prosecutor Jason Elmore said he could not comment on the case or the hung jury as Murray is facing a charge related to that case as well as one other case.
In the other case, Murray was charged with first-degree CSC, a person under 13, defendant 17 years of age or older, and second degree CSC, a person under 13, defendant 17 years of age or older, for his connection with incidents occurring on or between the dates of June 1-Oct. 1, 2018 in Cadillac.
If convicted, Murray faces up to life in prison on the first-degree CSC charge.
The charges are merely accusations and not evidence of guilt. Murray is presumed innocent unless and until proven guilty in a court of law. The prosecution has the burden of proving guilt beyond a reasonable doubt.