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A mistrial was declared Monday in a child molesting trial in Kosciusko Circuit Court when the court failed to seat a jury in the case.
Robert F. Cary, 53, of 2956 Joshua Drive, Warsaw, is accused of three counts of child molesting, all Class C felonies. He allegedly molested a then-11-year-old girl on several occasions between August 2001 and November 2001.
Only seven jurors were seated by 2:30 p.m. from 35 potential jurors called in the case. Because a jury wasn't seated when the final choices were exhausted, Judge Rex Reed declared a mistrial and ordered the matter reset for trial at a later date.
The new trial was set for June 23, beginning at 8:30 a.m. The trial is expected to last three days.
Cary's attorney is Jay Rigdon of Rockhill Pinnick LLP, Warsaw.
