Judge declares mistrial in teacher’s aide case

Posted at 1:54 PM, Jun 20, 2013
and last updated 2013-06-20 19:17:41-04

RICHMOND, Va. (WTVR) - A  judge declared a mistrial in the case against former Richmond teacher's aide Alex Erby. Judge Warren Stephens cited impermissible contact between someone involved in the case and jurors for his reason to declare the mistrial.

A new trial date was set for Oct. 30, 2013.

During day two of Erby's trial, a 12-year-old girl took the stand and accused the former teacher's aide of touching her in a sexual manner.

Thursday, a second accuser took the stand.  She testified that Erby grabbed one of her breasts while trying to take away her cell phone.  The 12-year-old said Erby never took her phone.

Erby pleaded not guilty to two counts of aggravated sexual battery and two counts of taking indecent liberties with a child under his supervision.

Two children at G.H. Reid Elementary School accused the former teacher's aide of touching them - one on her buttocks and one on her breasts.

On the stand, the child said she kept the incident a secret for a month because she was embarrassed. Erby's lawyers said any perceived inappropriate touching was unintentional.

Neither the prosecution or the defense commented on the mistrial since the case is still open.