Arnold P. Smith Jr. spent 2.5 years out on $10,000 cash bail in connection with charges of aggravated criminal trespass and unlawful sexual contact, which the state had alleged occurred in April 2015 in Vassalboro.
The 55-year-old Vassalboro man went to trial on those charges Sept. 20-22 this year at the Capital Judicial Center in Augusta, which resulted in a hung jury, so a mistrial was declared.
In an unusual move, the jurors wrote their vote on a note sent to the judge.
“The reported vote of the jury was 11-1 to acquit Mr. Smith,” said Smith’s attorney, Darrick Banda.
The cash bail was released at that point, and Smith was placed on $10,000 unsecured bail with conditions that Smith have no contact with the person reported to have been the victim and not to be at her home, place of employment or place of education.
On Friday, the state filed a document dismissing the indictment against Smith and citing “insufficient evidence” as the reason.
“We are obviously pleased with the state’s decision,” Banda said in an email. “When the case was litigated, it turned out to be the considered judgment of almost all of the jurors that Mr. Smith was not guilty of these offenses.”
District Attorney Maeghan Maloney said via email, “Jury trials are extremely hard on victims. This case went to trial once already. I am convinced that the defendant is guilty but given the feedback we received from the jurors, we have insufficient evidence to prove every element of the crime beyond a reasonable doubt.”
Betty Adams — 621-5631
Twitter: @betadams
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