Judge orders mistrial in sexual assault trial

CARROLLTON - Judge Aubrey Duffey ordered a mistrial Thursday morning in the trial of two former State University of West Georgia baseball players charged with sexually assaulting a female student. <br> <br> Duffey said he ordered the mistrial because of ``inapprorpriate and inadvertent comment by one juror.&#39;&#39; <br> <br> The judge said he would reschedule the case for another trial and said his gag order would remain in effect with attorneys told not to discuss the case with the newsmedia or anyone else. <br> <br> The defense claims the sex was consensual. <br> <br> Jurors asked to see a portion of videotaped evidence as Wednesday&#39;s proceedings wrapped up and again Thursday. <br> <br> Twenty-two-year-old Michael Perez, of West Palm Beach, Florida, and 22-year-old Benjamin Hodges, of Donalsonville are charged with aggravated sexual assault and aggravated sodomy on the 20-year-old woman. <br> <br> A third ballplayer -- Barry Sommer -- has pleaded guilty to a lesser charge and testified against the other two. <br> <br> Prosecutors said the incident occurred January 31st in Perez&#39; apartment and was filmed by Hodges. The woman testified she had drunk heavily at a ``keg party&#39;&#39; and later met the defendants at a Carrollton area restaurant. <br> <br> She acknowledged going to Perez&#39;s apartment but said she didn&#39;t remember anything about the assault.

http://accesswdun.com/article/2002/11/187421