Jury misconduct during a Vernal man's trial has caused the verdict to be overturned and a motion for a new trial granted.
Defense attorneys for 37 Dewain Boren alleged that one juror failed to disclose previous sexual abuse during jury selection, and another member of the jury was texting an alternate juror during deliberations, causing those jurors to be prejudicial against Boren.
Judge Clark McClellan said that either of those instances alone would have been cause for a new trial, and that legally it was a pretty straight forward case. McClellan granted the a new trial and will allow Boren to be released from state custody once he meets the same requirements that were previously ordered, including posting $300,000 bond, use of an ankle monitor, and obeying all pre-trial protective orders.
Boren was found guilty in June of six counts forcible sexual abuse, two counts of object rape, sexual abuse of a minor, aggravated sexual abuse of child, and two charges dealing in materials harmful to a minor. He was accused of repeatedly abusing two young girls in 2009 and 2010.
A status hearing was set for February 13.