Judge declares mistrial in Brian Adkison case

A Boone County judge has declared a mistrial in the case against Brian Adkison.

After deliberating for six and a half hours the jury came back with a not guilty verdict on count one of first degree burglary. The jury could not reach a verdict on the forcible rape charge and the deviate sexual assault charge. The judge then ruled a mistrial.

The prosecutor told ABC 17 News there are now still two pending counts. Adkison will be back in court for those charges on January 19.

He’ll be on trial in February for kidnapping charges.

In court Thursday, the jury heard testimony from four witnesses, including the victim, the nurse who performed the sexual assault exam on her, a detective, and a state toxicologist.

The second day of the trial began at 8:00 a.m. Thursday with testimony from the victim.

The detective told the court the victim cold-called Adkison to try to get him to admit to the crime without him knowing he was being recorded, which is legal.

The victim originally said she put a knife in her waistband to protect herself from Adkison the night he came into her room and allegedly raped her, but later retracted that statement.

The nurse who testified said memory loss is possible in traumatic situations, such as a rape.

Adkison remained emotionless in court Thursday.