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Mistrial in rape case declared after not enough jurors show

Mistrial in rape case declared after not enough jurors show

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DRIGGS (AP) — An eastern Idaho judge had to declare a mistrial in a three-year-old rape case after 11 people failed to show up for jury duty.

Seventh District Judge Steven Boyce declared the mistrial on Monday, EastIdahoNews.com reported, after just 38 out of 60 potential jurors called for jury selection showed up for duty. Some were excused by the judge before the selection process began, and several more were dismissed because they knew some of the people involved in the case or felt they couldn’t be fair for other reasons.

The 11 who failed to show up will be ordered to explain their absences to the court, and they could face fines or jail time.

The mistrial means the trial for Ryan Richard Berry will be rescheduled. The Tetonia man is charged with rape, false imprisonment, providing alcohol to a minor and attempted destruction of evidence. He has pleaded not guilty.

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