The trial of Roger H. Moore, a Washington lawyer accused of committing sodomy with a teen-age boy, ended in a hung jury yesterday.
The jury reported itself deadlocked, 6 to 6, after more than six hours of deliberation Tuesday and yesterday. Arlington County Circuit Court Judge Charles H. Duff dismissed the jurors shortly after noon and scheduled a re-trial for Sept. 10.
"We wish it was over," said Moore's defense attorney, Thomas J. Harrigan. "Nobody more than me," Moore interjected. Prosecutor William A. Nunn III also expressed disappointment that the jury failed to agree on a verdict.
Moore, 33, was charged with engaging in several acts of sodomy in March and June of last year with a teen-age boy, whom he represented in juvenile court proceedings in the District of Columbia. The youth, who testified as the chief prosecution witness, was 16 at the time the incidents allegedly occurred at Moore's Arlington home.
Moore, a George Washington University Law School graduate whose office is at 1511 K St. NW, did not take the witness stand in his own defense. Instead, Moore's lawyer attacked the credibility of the teen-age youth, portraying him as a juvenile delinquent, mental patient and perjurer.
Harrigan produced evidence intended to contradict key parts of the youth's testimony by showing that Moore was in court or performing court-ordered duties at the time one incident allegedly took place.
Assistant Commonwealth's Attorney Nunn sought to establish what he described as a pattern of sexual misconduct by Moore.Two other teen-age boys, called as witnesses by the prosecution, testified about alleged sex incidents at Moore's home. Nunn also showed the jury homosexual literature seized during a search of Moore's home.
Harrigan countered by producing evidence designed to contradict one of the other youth's accounts. Witnesses called by Harrigan testified that Moore was in California, rather than Arlington, at the time of one alleged sodomy incident and that he was seriously ill at the time of another alleged incident. i
Moore faces a separate Arlington trial June 25 on charges of committing sexual improprieties in 1978 with a teen-age boy, whom he previously represented as a court appointed lawyer. The youth was 13 at the time. The prosecution dropped additional sodomy counts against Moore yesterday after a key witness failed to appear, but reserved the right to reinstate the charges.
Additional allegations against Moore are under investigation by District of Columbia authorities, according to law enforcement sources.
The District of Columbia Bar initially asked the D.C. Court of Appeals to suspend Moore's license to practice law, but its request was withdrawn after Moore agreed not to represent juvenile clients.
ythe key issue in Moore's four-day trial was the credibility of the chief prosecution witness, according to lawyers, the judge and indications of the jury's deliberations.
Asked whether it would be accurate to describe the youth's credibility as the chief actor in the jury's split, one juror replied, "Exactly." At one point yesterday the jury asked for transcripts of portions of the youth's testimony dealing with an alleged incident that Moore's lawyer had labeled a fabrication. Duff turned down the jury's request.