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Published: Friday, 2/29/2008

Mistrial is declared in alleged rape of boy, 9

A 21-year-old Spencer Township man charged with the rape and sexual abuse of a 9-year-old boy will appear in Lucas County Common Pleas Court this morning to learn what s next after his trial ended Wednesday with a hung jury.

Dale Boerio of 9827 Oak Place Ct. is charged with two counts of rape and two counts of gross sexual imposition. If convicted, he faces up to life in prison because the victim was younger than 10 years old.

Mr. Boerio is accused of sexually assaulting the boy several times between August and September, 2007. During the two-day trial, with Judge Linda Jennings presiding, the victim, his relatives and friends, law enforcement officers, and a medical doctor offered about 4 hours of testimony.

The jury of four women and eight men deliberated about eight hours before declaring an inability to reach a verdict. They tried again briefly after receiving further instructions from Judge Jennings, but notified the judge they could not reach a unanimous verdict. The judge declared a mistrial.

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