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Jury trial ends without verdict in sexual abuse case
By Caitlin Yamada, The Union
Mar. 11, 2021 12:00 am
WASHINGTON - A man charged with indecent exposure and lascivious acts with a child will see a second trial after a jury in the case failed to reach a verdict.
Elmer Alberto Ramirez, 40, is charged with sexual abuse, dissemination and exhibition of obscene material to minors, indecent exposure and lascivious acts with a child.
On Dec. 4, 2019, Washington police investigator Brian VanWilligen received a report of child sexual abuse between 2014 and 2016 to a child under 12 while in child care. Ramirez was subsequently charged in the case. He has pleaded not guilty.
His first trial ended with a hung jury, and the court granted him a retrial.
The following information is according to court filings.
Ramirez's first trial took place March 2 through March 4.
On March 4, the jury began deliberations.
During the deliberations, the jury sent a note to the judge indicating they were hung. Judge Shawn Showers responded stating that a considerable amount of time had been spent on the case.
'I am encouraging you, as jurors, to continue to deliberate until you feel that those deliberations would be fruitless,” he said.
The jury sent a second note indicating the jury was hung and a third clarifying that they were hung on all counts.
Ramirez' lawyers moved for a mistrial.
On March 5, the court reconvened, and the jury panel agreed they were unable to reach a unanimous verdict.
The judge granted the mistrial due to the hung jury and decided to proceed with a retrial.
Following the trial, Ramirez' privately retained attorney, Dan Vondra withdrew, stating Ramirez no longer wanted Vondra to represent him due to a 'difference of opinions in trial strategies and effectiveness.”
'The attorney-client relationship has broken down to the point where defense counsel can no longer represent the defendant,” Vondra wrote in a motion.
Ramirez applied for and was appointed a state attorney. Jeffrey Powell now represents Ramirez.
The retrial is scheduled for May 18.

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