HENRICO COUNTY, Va. -- A Henrico judge has scheduled a new trial for a former Short Pump Middle School teacher accused of sexually assaulting a student.
Dean Lakey, a 60-year-old gym teacher who taught for decades at Short Pump Middle School, was accused of sexually assaulting a student back in 2017. His initial trial ended in a mistrial in early June when the jury could not decide his guilt or innocence.
Lakey's defense argued to get the case tossed out of court. His lawyers said they proved Lakey's innocence beyond a reasonable doubt during their first trial and raised questions about the accuser's credibility and her changing statements.
The prosecution argued had the defense proven its case, the trial would have concluded with a verdict and not in a mistrial.
The judge agreed with prosecutors and set an October 11 trial date.
Todd Stone, a legal analyst for CBS 6, said it would have been unusual for the judge not to allow a new trial considering the hung jury.
"The next case [will] be very similar in many ways because the evidence shouldn't really change much," Stone said. "There can be additional witnesses called, there's no need to stick to the exact same script, per se. So, you might see a little bit of a variation of what happened in the first trial. And that little bit of nuance can make a big difference in the second trial."
The defense said it planned to call more witnesses during the October trial.
This is a developing story, so anyone with more information can email firstname.lastname@example.org to send a tip.