A mistrial was declared Friday in a case involving a former MU student charged with rape in 2016.
Prosecutors requested setting a new trial after Jan. 15, but no date was agreed upon Friday. Austin Joseph Campbell had been charged with rape and burglary.
Jurors deliberated for nine hours Thursday and two hours Friday before informing Boone County Circuit Judge Jeff Harris that a unanimous decision could not be made.
Because the jurors could not agree, Harris declared a mistrial on both counts of first-degree rape and burglary.
Before that, Harris asked all 12 jurors if their positions were deadlocked and if further deliberation would not help reach a verdict. All answered yes to both questions.
Campbell was arrested on suspicion of first-degree rape and burglary on Jan. 20, 2016. A woman living in an MU residence hall reported he broke into her room and raped her about 3 a.m. Jan. 18, 2016, MU Police Department Maj. Brian Weimer said. MU police questioned Campbell, arrested him and took him to Boone County Jail.
Campbell was an MU freshman at the time. He is no longer a student at MU, spokesman Christian Basi said Friday.
Closing arguments for the trial, which began Monday, were held Thursday. The prosecuting and defense attorneys each gave their accounts of the incident.
With a mugshot of Campbell on every screen in the courtroom, assistant prosecuting attorney Jessica Caldera began her closing argument.
“He committed a crime of opportunity,” Caldera said. “My client was vulnerable, and the defendant took advantage of her while she was asleep.”
Caldera urged the jury to find Campbell guilty because the victim has been courageous and forced to live through the gruesome details of her rape.
The victim had a lot to drink that night and went to sleep because of how intoxicated she was, Caldera said. Friends checked up on her several times, Caldera said, and every time they checked, the victim was asleep.
Campbell came into her room, pulled down her leggings and started having sex with the victim while she was asleep, Caldera said.
“My client woke up to the defendant still on top of her and still inside her,” Caldera said. “He has had a year to concoct a story. Don’t believe it.”
Defense attorney Adam Dowling began his closing argument by telling the jury how important it is they take their job seriously.
“This is a case of he said, she said,” Dowling said.
The defendant heard about a party going on in the victim’s room, to which everyone on the floor was invited, Dowling said.
When the party was over and everyone, including Campbell, left, he noticed he’d left his water bottle and hat in the victim’s room, Dowling said.
He went to the room and the victim was awake, Dowling said. He left to get her some water, came back, gave her water and sat on the floor.
She invited him into bed with her because he was sitting awkwardly on the floor, Dowling said. They started kissing, touching and engaging in sexual foreplay, Dowling said. She was fully awake while doing all of these things, he said.
The sexual intercourse that followed was consensual, Dowling said.