By By NORMA LERNER / Dowagiac Daily News
CASSOPOLIS -- A mistrial was declared late Friday afternoon in the trial of 52-year-old Gary Marchbanks of Cassopolis accused of three counts each of first-degree criminal sexual conduct and second-degree criminal sexual conduct involving a 10-year-old girl.
The jury of nine women and four men deliberated seven hours and 15 minutes in the four-day trial in Cass County Circuit Court.
The jury was deadlocked at 11:30 a.m. and was sent to lunch and came back still deadlocked at 4:15 p.m. Circuit Judge Michael E. Dodge declared the mistrial after receiving a jury message that it had exhausted all efforts to come to a unanimous decision on whether Marchbanks is guilty or not guilty on all counts.
Interim Prosecutor David Moore said he will file another sexual assault charge against Marchbanks.
He will not give up pursuing charges on him and will bring forth another victim.
Moore thanked Cass County Sheriff's Office officers for all of their help in bringing things up to speed to get the things he needed.
He said the defense people put on a good case.
Defense Attorney Thomas Hirsch of Kalamazoo said he was disappointed that the jury was hung.
It is not known when a trial date will be rescheduled.
Marchbanks was remanded to the custody of the sheriff.