A mistrial was declared Tuesday in the first rape case against Alex Kelly, a high school wrestler who lived as a fugitive in Europe with his parents’ help after being accused of raping two teenagers.
Kelly, now 29, turned around when the judge announced the mistrial and looked at his parents, sitting in the front row. His tearful accuser was quickly led out of the courtroom by her husband, who had his arm around her.
Judge Martin Nigro agreed that the jury of three men and three women were hopelessly deadlocked on the fifth day of deliberations.
Lawyers for both sides said the jury had split 4-2 in favor of conviction.
Prosecutor Bruce Hudock, obviously angry and pacing the courtroom, said he would retry Kelly before moving on to the second rape case - “and the victim is ready to take the stand again.” A pre-trial hearing was set for Dec. 6.
Kelly, who is free on bail, was accused of raping two teenagers in the back seats of cars four days apart in 1986. He was 18 at the time, and a senior at Darien High School.
His lawyers maintained the sex was consensual.
Kelly fled just before his then double-rape trial was to begin in 1987, visiting 15 countries before surrendering in Switzerland last year as pressure mounted on his family. Although they helped finance his life on the lam, the parents were never charged.
In one letter to his parents from Europe, Kelly wrote: “I had a great winter this year - great climbing, skiing, ice climbing, flying. I would love to live like this forever.”
Kelly’s accuser testified that he raped, choked and threatened to kill her. Her gynecologist testified she had been “viciously raped.”