Carrier Jury Fails To Reach Decisions On Several Counts

Although a jury found Josh Carrier guilty of 21 felony counts, they failed to reach a decision on several others. The undecided counts will be brought back for another trial.

Josh Carrier arrives at the courthouse to hear the verdicts in his trial.

An emotional, chaotic jury has failed to reach decisions on many of the counts against Josh Carrier, a former cop accused of touching middle school boys and possessing child pornography.

Carrier were in court to hear the verdicts, along with members of his family and the families of his accusers.

Several members of the jury began to cry as the 139 verdict forms were read. The jury found Carrier guilty of 21 counts of sexual exploitation. That's for the child pornography found on his computer. They found him not guilty of 36 counts of touching the boys. That left 150 counts still undecided.

On the first read through, the guilty decisions included one count of unlawful sexual contact and 21 counts of sexual exploitation of a child. When the judge polled the jurors about the unlawful sexual contact count, however, one juror announced that she had changed her mind.

With that, the judge sent the jury back to continue deliberations. After a few minutes, the jury returned to the courtroom and added that disputed count to the list of undecided charges.

Upset parents were allowed to speak after the jury was dismissed. One mother said that Carrier should be in jail and that her children need some justice.

The prosecution asked for Carrier to be taken into custody for the charges on which he was found guilty. The Defense, however, argued that Carrier is not a flight risk.

The judge sided with the prosecution, ruling that Carrier's bond would be revoked. District Attorney Dan May has also announced that his office will bring the undecided counts back for prosecution in a second trial.

Carrier's family declined to comment after leaving the courthouse.

After everyone was dismissed, the jury foreman spoke. "There were many of us who said guilty. There were typically two that didn't say guilty on the assault charges," she said.

We spoke with a former prosecutor. "You never know what is going to happen with a jury... its kind of a crap shoot. You have to try and get 12 people to agree on all issues," said David Webster of Jaray Webster law firm.

District Attorney Dan May says he met with the jury after the verdict. He asked them what needs to change for prosecutors to get a conviction from the next jury.

Webster says the D.A. has a better chance of winning the second time around because they know what evidence to focus on.

Carrier's attorneys said a verdict is a verdict.

"They obivously found him not guilty on some serious charges and couldnt decide on a number of others. I think its important for the jury...I mean for the community to accept the jury's decision," said Josh Tolini, Carrier's defense attorney.

Carrier will be back in court in two weeks to talk about when the next trial will happen.

Previous Coverage:

Jurors tasked with deciding the guilt or innocence of a former police officer told the court Monday morning that they’d reached unanimous verdicts on several of the 207 counts. On others, however, the jury says they’ve been unable to reach a unanimous decision.

Josh Carrier, 31, is on trial for allegedly touching more than 20 children inappropriately while he was a volunteer wrestling coach at Horace Mann Middle School. Carrier faces charges related to those alleged sexual assaults and the possession of child pornography. If convicted, he could face life in prison.

Defense Attorney Christopher Decker tells KKTV 11 News that the judge instructed the jurors to continue deliberating on those remaining counts. The judge also told the jurors to stay true to their beliefs.

If they try again but decide they cannot reach verdicts on some counts, prosecutors could bring those counts to trial once again.

The counts against Carrier include:

44 counts of sexual assault by a person in a position of trust
13 counts of sexual assault by a person in a position of trust / pattern of abuse
44 counts of sexual assault on a child
12 counts of sexual assault on a child / pattern of abuse
27 counts of unlawful sexual contact
31 counts of enticement of a child
35 counts of sexual exploitation of a child
1 count of sexual assault

The jury began deliberating last Tuesday. During that time they’ve asked several questions, including what to do if a juror wants to quit. After that question, the defense asked for a mistrial. The judge refused and instead instructed the jurors to continue working.

During the trial, defense witnesses included Carrier’s father and several expert witnesses, including a forensic psychologist.

The forensic psychologist, Dr. Philip Esplin, told the court he had concerns about the taped interviews with Carrier’s accusers. He said he watched two of the interviews and saw the interviewer share her opinions. This testimony related to the defense’s concerns about the way some of the children were interviewed.

Attorneys representing Carrier argued that many of the allegations against him surfaced after he was arrested.

The prosecution's witnesses consisted of the alleged victims, parents, and school employees. Many of those people told similar stories on the stand about how Carrier told the boys to strip down to their underwear or less for wrestling weigh-ins or medical examinations.

One boy testified, for example, that he was touched by Carrier four times. Three of those were during weigh-ins for the wrestling team and another was a drug strip search. He also said that he was teased at school about being molested by Carrier.

Another boy said Carrier told him he might have a rash on his back that he needed to compare with a dermatology book. The boy testified that Carrier went beyond searching his back, reportedly telling him to strip before checking his genital area.

Some of the boys have also testified that they defended Carrier, believing the whole case was a mistake, until investigators presented them with photos of themselves. The photos showed the children either nude or in the process of undressing and police believe they were taken by Carrier.

The Horace Mann Middle School head wrestling coach, John Popovich, testified that Carrier said he believed some of the boys had ringworm. He said Carrier used a medical book to check the boys, but never should have touched the boys’ genitals.

A school security officer testified Tuesday about being in the room when Carrier inappropriately "searched" some young boys. Nicholas Graham told the jury that he helped pull students out of class for skin checks, but said he didn't play close attention to what happened. Graham testified that he knew Carrier asked the children to strip and sometimes touched the boys' genitals.

Both Graham and assistant principal Ken Potman have testified that they trusted Carrier because he was a police officer.

While the prosecution was presenting their case, one of the jurors was ordered to be removed from the case because of a Facebook post. The juror was replaced by one of the four alternates on hand.

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  • by real concern on Apr 27, 2012 at 02:06 PM
    JOsh will get some years behind bars...maybe not life, but he will get some time... just let it go people. Use all this energy blogging to pray for his soul, the victims, and their families...
  • by Festus on Apr 18, 2012 at 11:18 AM
    Jury cannot fail. They make their decision, either you agree with it or do not. If you worked for me and went 21-36-150 you would be unemployed.
  • by Jury on Apr 17, 2012 at 10:59 PM
    As a juror on this case, it is wrong to blame all for what has come of this. I personally wanted justice for these kids, and myself and many others faught for this. It all came down to someone refusing to hear anyone's thoughts or reasons behind their beliefs. I fear what this causes for the children- fear, hurt, anger. I understand it, and I believe that is why many of us cried today during that reading of the verdicts. I can speak for myself and at least 1 other fellow jurror that justice has not been served for those children. And we are hopeful that the next trial can find them justIce.
    • reply
      by Parent on Apr 18, 2012 at 08:37 AM in reply to Jury
      Thank you!
      • reply
        by Jury on Apr 18, 2012 at 12:43 PM in reply to Parent
        You are welcome. Those of us who think he is guilty of sexual assault on a child really fought for your kids. We tried for many many hours to get someone to understand where we were coming from but it just wouldn't happen. It brought tears to our eyes for many hours. I am sorry. I hope - truly - that the next trial brings justice for your wonderful strong boys.
      • reply
        by Jury on Apr 18, 2012 at 12:44 PM in reply to Parent
        You are welcome. Those of us who think he is guilty of sexual assault on a child really fought for your kids. We tried for many many hours to get someone to understand where we were coming from but it just wouldn't happen. It brought tears to our eyes for many hours. I am sorry. I hope - truly - that the next trial brings justice for your wonderful strong boys.
    • reply
      by it isent over yet on Apr 18, 2012 at 08:54 AM in reply to Jury
      thank god these kids get a another chance at justice..if the system fails agian. i pray the judge hits him with the max or each of the 22 felonys. 150 to go..i hear bubba and the boys in prison are waiting for josh to give them skin checks..
  • by truthhunter on Apr 17, 2012 at 09:54 PM
    This is horrifying! Want to know something else even more horrifying?? He and his family still owns a haunted house called the delirium at a business called rocky mountain haunt feast. There are other owners that protect his involvement but if he only gets probation he will still be apart of that! the only reason they keep him apart of that is because he is the brains of the business and is majority owner. the other owner is his mom and one other owner thats not related but they are all morons that think he is innocent. they cant stay open without him so they keep his involvement hidden.
    • reply
      by thank you on Apr 18, 2012 at 07:21 AM in reply to truthhunter
      Thank you for putting this out there, you must be part of the community of halloween lovers like I am to know this much about them. What haunted house do you work for so we may support the right place come October?
    • reply
      by haunted house on Apr 18, 2012 at 10:06 AM in reply to truthhunter
      by the time the civil case is over the kids will oun it. with all proceds going to help other kids that this kind of thing happeneds to.
    • reply
      by truthhunter on Apr 18, 2012 at 01:53 PM in reply to truthhunter
      i work for the haunted house next to Mr. Biggs called hell scream. We care about our community children and would never allow this kind of thing to happen at our haunt. Everyone should boycott there haunted house!
  • by Festus on Apr 17, 2012 at 09:26 PM
    21 wins 36 loses 150 ties, is epic failure on the DA’s part.
    • reply
      by i was there on Apr 18, 2012 at 10:03 AM in reply to Festus
      i was there for most the trial. i dont think the D.A.'s failed at all. the failer was in most part 1 or 2 members of the jury..
  • by Hunters Ghost Location: Colorado Springs on Apr 17, 2012 at 09:16 PM
    This case is the reason I have no faith in jury trials. Over 200 charges, over 200 pages of jury instructions and we expect people to understand everything that they are tasked to do. In this case it was pretty much impossible. The D.A.s' office may have reduced the number of charges and concentrated on the most serious charges. I have no idea I didn't attend 3 years of law school and it is my understanding that the jury instructions were in "legal speak" and not everyone can understand it. So those who have hateful things to say to the jury, well I guess you might want to think about trading places with them it's not always so cut and dry. May next trial all you name callers can be on the jury! We will be assured a guilty verdict on all charges. So is that justice?
  • by dumb on Apr 17, 2012 at 07:17 PM
    Way to go jury!!! No justice for the poor kids!!! Idiots!!! Hope this haunts you! I hope you dont get called for jury duty ever again!
  • by Native Location: springs on Apr 17, 2012 at 06:38 PM
    Josh will be in hiding, he is a flight risk! You think he will be able to live here in the springs? Ex cop that is a pee pee toucher! I hope he doesn't cross a street in front of my car, the brakes won't be used if you catch my drift!
    That jury of my "peers" is a scary notion, you know that dumb people exist but do you understand how many? Josh manipulated a juror just as he as done all his life!
    • reply
      by Anonymous on Apr 17, 2012 at 06:51 PM in reply to Native
      spot on comment...I bet the "jury" was all bible thumping hoodie fearing white pervs....just sick,,,good news is that the jurys names will be made public...and we can protect our kids from them
      • reply
        by dumb on Apr 17, 2012 at 07:18 PM in reply to
  • by Taxes on Apr 17, 2012 at 05:27 PM
    I hope that Carrier filled his taxes early. I would hate to see the IRS add on interest and late filling fees.
  • by Doug on Apr 17, 2012 at 05:20 PM
    So they are going to have a continuance of this trial on several of the counts at a later time? What a waste of tax payer money. The prosecution presented their case and if the jury couldn't decide the verdict on the other counts they should be dismissed. I really don't give a rats .... about Josh carrier one way or the other. My issue is how our elected officials continuously waste our tax dollars with no accountability.
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