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Hung jury in Rochester man's sexual assault case

After nearly 10 hours of deliberations, an Olmsted County jury said it couldn't reach a decision in the case of a Rochester man accused of sexually assaulting a teenage girl in 2007.

David Wan Fearn, 25, was charged in 2008 with one count of third-degree criminal sexual conduct, a felony; and one count of gross misdemeanor furnishing liquor to a person under 21.

The trial began on Monday before Judge Joseph Wieners. The case went to the jury about 10:50 a.m. Thursday. Defense Attorney Zach Bauer said jurors informed the court about 8:15 p.m. they were unable to reach a decision on the felony charge. Bauer said the judge declared a hung jury at 8:45 p.m. on the felony charge.

Jurors did find Fearn guilty of the gross misdemeanor charge. Sentencing on that charge is now set for June 18.

Prosecutor Katherine Wallace has the option of refiling the criminal sexual misconduct charge against Fearn. That decision has not been made.

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