Prosecution going for new trial after mistrial in case of alleged rape caught on camera

Prosecution going for new trial after mistrial in case of alleged rape caught on camera (WKRC)

CINCINNATI (WKRC) - A cell phone recorded a sex act between two teens. The girl was drunk when it happened, and says it was rape.

A jury couldn't decide, so a mistrial was declared.

The young woman wants a retrial, so both sides are getting ready to argue before another jury.

Andrew Frank just graduated from St. X when the night of partying, pot and drinking two years ago ended with sex with a 17-year-old.

The act was recorded on a cellphone but the phone disappeared. However, the video was stored in the cloud and was used in his rape trial.

Because of the mistrial, Frank's attorneys will file for an acquittal, but the prosecution is going for a new trial.

"We had a frank conversation with victim and family. She's adamant about going forward,” said Scott O’Reilly, Assistant Clermont County Prosecutor.

Adamant about going forward with another trial that shows a jury of a moment she’d rather not see. A moment of her, drunk, with her eyes closed and Frank on top of her.

The first jury was split on whether it was rape. The jury split six-six and told the judge that they could not agree on a verdict.

Sources say some of the six who said it was not rape suggested sometimes “no” means “yes”.

O'Reilly says the woman can be heard on the video telling Andrew Frank to stop, but when a jury is so divided, another trial is risky.

"No doubt, it is usually in our favor,” said Defense Attorney Adam Bleile.

Frank's team of attorneys for the new trial will include more women, new jurors will again be reminded about the lifetime sex offender label that would come with a conviction.

"It will be devastating, no doubt, that decision would change his life forever if convicted,” said Bliele.

The new jury's decision is not just about the now Ohio State University student's life, but about when is it rape, and when does “no” mean “no”.

The argument for an acquittal will happen in March, but both sides are preparing for a new trial.

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