Mistrial called, 2nd trial set for teen charged with sodomy ANNAPOLIS/SOUTH COUNTY -- Davidsonville * Edgewater * Shady Side * Deale

April 23, 1993|By Staff Report

A 16-year-old Lothian youth will be tried a second time on charges he sodomized a 12-year-old boy after jurors announced that they were deadlocked and the judge declared a mistrial.

Robert Bittman, the prosecutor, said after he met privately with jurors that he would retry the case against James Johnson.

Anne Arundel County Circuit Judge Eugene M. Lerner ordered the mistrial after jurors said they could not decide unanimously if Mr. Johnson was guilty of sodomizing the boy and forcing him to have oral sex in the basement of Mr. Johnson's home in May.

The jury of seven women and five men had deliberated for six hours by late yesterday when the judge brought jurors it back into the courtroom, where he asked if they thought they could reach a verdict if they deliberated another day. Ten indicated they thought it was impossible.

Mr. Johnson, who was being tried as an adult because of the severity of the charges, is accused of knocking a 12-year-old Lothian boy off his bicycle about about 7:30 p.m. May 29 on a bicycle path near the victim's home.

According to testimony, Mr. Johnson threatened to stick the boy with a syringe he said was filled with poison if the boy refused to do as ordered.

Mr. Johnson released the boy several hours later, threatening his life if he told anyone, according to testimony.

Kendel Sibiski, Mr. Johnson's lawyer, argued that the sexual contact was consensual.

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