Harold Kinard was found not guilty of one count of sexual abuse in the first degree yesterday. Judge Marvin Wiggins declared a mistrial on the second count when the all-female jury couldn’t reach a verdict.

Jurors heard closing arguments from both sides and then deliberated for six-and-a-half hours before returning with the verdict.

Assistant district attorney Mitzi Johnson-Theodoro started the closing arguments.

“If you believe the children then you must find the defendant guilty,” Johnson-Theodoro said.

Johnson-Theodoro instructed the jury on what they needed to convict Kinard of the charges. In Alabama, the victim must be under 12 when the crime occurs, among other requirements.

During the course of the trial, Turner attempted to cast doubt on the age of an accuser.

According to the closing statements of the prosecution and defense, the child and her mother both said she was 12 at the time of the incident. Both of the witnesses corrected themselves when prompted.

“The defendant’s attorney is confusing credibility with memory,” Johnson-Theodoro said. “She remembers the incident. She may not remember the exact time, but it happened.”

During the trial, the prosecution presented both girls as witnesses, along with several others. The prosecution didn’t have an eyewitness to the act outside of the alleged victims, which the defense pointed out throughout the trial.

Theodoro-Johnson addressed the issue during the closing arguments.

“What man is going to assault a child in front of his acquaintances,” Johnson-Theodoro said. “Evil men disguise themselves with angel faces.”

The attorney for the defense, Robert Turner, told the jury the state didn’t have enough evidence to

convict.

“The only evidence they’ve put forward is the statements of these two girls,” Turner said. “The lack of evidence in unimaginable.”

Turner said that the witnesses weren’t reliable enough to convict Kinard.

“You can’t believe people who tell you one thing and tell you another,” Turner said. “Remember the building we’re speaking of is almost a glass house.”

J.L. Chestnut, a special prosecutor appointed to the case by District Attorney Ed Greene, finished up arguments.

“I am in this case because I agree with the state,” Chestnut said. “We must protect the children.”

Judge Wiggins gave the jury the option to break for lunch when closing arguments ended at 12:25 p.m. They decided not to at that time and didn’t break for lunch until 4 p.m.

The families of both the alleged victims and the defense waited in the courtroom until the verdict came down at 6:30 p.m.

The jury was hung on one count of sexual abuse.

“My understanding, it was very close to a unanimous verdict (of) not guilty on that count” Turner said. “It (the verdict) means a lot to Mr. Kinard because he’s maintained his innocence.”

Prosecutors for the state are considering re-indicting Kinard on other charges.

“I feel like a whipped dog,” Chestnut told Turner after the trial. “I’m just sorry I had that rascal there on the other side. I think the state will have to reassess its position. Whether or not we’ll re-indict, I don’t know.”