She said he raped her. He said the sex was consensual. After about seven hours of deliberation Wednesday, a 12-person jury was unable to agree on who to believe, leading to a mistrial.
The alleged victim in the case told investigators that 25-year-old Kogan J. Santiago raped her early on April 7, 2013, at a house party after everyone but the two of them had gone to sleep, court records say.
Deputy Yellowstone County Attorney Marry Leffers Barry, a prosecutor working the case, said Thursday the jury voted 11-1 to convict Santiago.
The trial is scheduled to be re-tried Sept. 2 and will again be presided over by District Judge G. Todd Baugh, Barry said.
Santiago will again face a count of sexual intercourse without consent, a felony that carries a sentence of between two and 100 years.
He admitted on the witness stand that he initially lied to police about the events of April 6 and 7, but maintained that he and the alleged victim had consensual sex.
DNA testing confirmed that he had sex with the woman, court records say.
Kogan said he has a young daughter and could never rape someone’s “princess.”
According to Barry, a nurse who examined the alleged victim confirmed that marks on the woman’s body could be consistent with being raped.
Santiago’s attorney, Paula Saye, argued that the alleged victim claimed to have been raped to attract attention and sympathy.