A Westmoreland County jury deliberated more than seven hours Thursday and was unable to reach a verdict in the trial of a Hempfield man charged with the rape of a mentally disabled woman.
Common Pleas Court Judge Meagan Bilik-DeFazio declared a mistrial in the case against Dennis Hertzog, 58, who prosecutors alleged was a caregiver for a 48-year-old woman and sexually assaulted her at least four times in late 2022.
Hertzog’s accuser testified to the circumstances of the assaults.
Hertzog denied the allegations. He testified earlier in the three-day trial that he was framed and that the allegations of sexual misconduct were raised as part of a scheme by relatives of his accuser to steal Social Security benefits.
Defense attorney Pat Thomassey argued to jurors that prosecutors were unable to prove their case, which relied on testimony from Hertzog’s accuser and included no physical evidence to support the allegations.
“I’m disappointed,” Thomassey said. “We wanted this case to be resolved.”
Assistant District Attorney Adam Barr said prosecutors would review the case before deciding whether to seek a new trial for Hertzog.
Barr argued jurors should convict Hertzog of all three counts he faced, rape of a mentally disabled victim, aggravated indecent assault and involuntary deviate sexual intercourse. He contended that the accuser’s testimony and additional circumstantial evidence supported convictions.
Each of those charges carried a potentially substantial prison sentence for a conviction.
“If you believed the victim, you should find the defendant guilty,” Barr told jurors in his closing arguments.
Hertzog will remain free on a $100,000 unsecured bond.
He is also awaiting trial in a separate case in which he is accused of the unlawful restraint of a juvenile in the basement of his home.