Jurors told Franklin Circuit Judge Roger Crittenden Friday evening they were incapable of agreeing on a verdict in the week-long sex-abuse trial of Kim Eastman.
It came down to an 8-4 vote according to an unofficial count attorneys for the commonwealth received when they polled jurors after the verdict of a hung jury was delivered.
"We know by this verdict that at least some portion of the jury was willing to convict on one or more of the charges," said Assistant Commonwealth's Attorney Dana Todd who was the lead prosecutor in the case. "This victim did not walk way from this trial with a jury telling her no one believed her - it wasn't an acquittal."
Todd said she felt for the victim and her family because of the expectation that it would be over following the trial, "and it's not over yet."
Basically, Todd said the commonwealth has the option of retrying the case or continuing to try to settle it with a negotiated plea.