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A Warsaw man was acquitted Tuesday in Kosciusko Circuit Court of charges of child molesting and criminal confinement. The trial began with 12 jurors, but ended with 11 after one was dismissed.
Donald Burkhart, 36, was accused of fondling an 11-year-old girl in November 1998 while she was at his residence.
Jurors were selected Monday morning at the start of the two-day trial, but when the jury returned after lunch it was minus one member.
The court record indicates that a juror was observed by Kosciusko Circuit Court Judge Rex Reed speaking with a member of the Kosciusko County Sheriff's Department during the lunch break.
No information was available as to the content or length of the conversation, but Reed told defense attorney Tom Black of Plymouth and Burkhart that their options in proceeding included moving for a mistrial, continuing the trial with only 11 jurors or continuing with all 12 of the jurors.
The defense opted to go ahead with the trial with only 11 jurors, and James Lotz was dismissed from service.
Kosciusko County Prosecutor Chuck Waggoner declined comment on the jury matter.
During the trial, Detective Sgt. Paul Schmitt, the victim and the victim's mother and sister testified for the state. Testifying on his own behalf, Burkhart was the sole defense witness.
The six male and five female jurors deliberated less than two hours before returning with verdicts of not guilty on each charge against Burkhart, who breathed a sigh of relief as the verdicts were read Tuesday afternoon.
The jurors were then polled at Waggoner's request and all answered affirmatively that the verdicts read were the same they gave.
