A Montgomery County jury, after two days of deliberations that the foreman called "intense and anguishing," was unable to reach a verdict yesterday on a charge of attempted rape of a Silver Spring woman by a trash collector.
Rabbi Jonathan Maltzman, the foreman, told Circuit Court Judge Paul A. McGuckian that the eight-woman, four-man jury was "hopelessly hung" on the charge of attempted rape against Felton R. Shaw. The sanitation worker was accused of forcing his way into the home of a 32-year-old woman and beating her in front of her 2-year-old daughter.
The jury, which deliberated a total of about 10 hours, found Shaw guilty of three other charges: assault, armed robbery, and breaking and entering. Shaw, 25, faces a maximum 30-year sentence on those convictions, a prosecutor said.
Assistant State's Attorney Robert Dean said yesterday he will retry Shaw on the attempted rape charge, which carries a possible life sentence. McGuckian set a new trial for Oct. 29.
The defendant's father, Felton Shaw Sr., who sat through the trial, said he was disappointed by the partial verdict. "We have to go back through the same ordeal again," said the elder Shaw, a special education teacher in the District.
But many of the jurors expressed anger and frustration about the hung jury verdict on the attempted rape charge. "I think an injustice has been done," said Maltzman. "I feel very badly about it."
"I feel embarrassed by the whole thing," said juror James Thomas. Thomas and other jurors said the panel was deadlocked 11 to 1 on the attempted rape charge.
"We had one person who did not believe the victim," said Larry Sherman. He said the majority in favor of conviction was unable to persuade the holdout juror to change her mind.
The holdout juror, Jean Rose, said she refused to acquiesce because she had doubts about the victim's testimony. "I did not believe the victim," she said. "There was not enough evidence there for me to believe her." She declined to elaborate.
Rose said the jury deliberations were "very stressful" for her. "I was attacked verbally and shouted at," she said.
The defense called no witnesses during the trial.
The victim testified that around 8 a.m. on April 6 she noticed a trash collection crew in her neighborhood. She said she handed two plastic bags of trash to Shaw, who then knocked her over and demanded sex.
The woman testified that she fought with Shaw for about 20 minutes while he dragged her through the house. During the struggle, the victim said her jaw was dislocated. The victim said she eventually escaped from Shaw by offering him $150 she had in a purse.