A Westmoreland County jury was unable to reach a verdict on charges that an Irwin man had improper sexual contact with a 10-year-old girl.
Jurors deliberated about six hours into Wednesday night before Common Pleas Judge Meagan Bilik-DeFazio declared a mistrial in the case against Justin M. Hartung. Prosecutors claimed he touched his accuser in a sexual manner and exposed himself on multiple occasions in 2018.
Hartung, 40, denied the allegations during the two-day trial. He was charged with indecent assault and indecent exposure, both misdemeanor offenses.
Prosecutors said Hartung’s now 14-year-old accuser first disclosed to her mother the allegations against Hartung in 2019 and expanded upon them during meetings with a forensic interviewer who specializes in child sexual assault cases. The teen testified Hartung touched her sexually and exposed himself to her in the basement of an Irwin home.
Defense attorney Michael Dematt said prosecutors could not prove their case against Hartung.
“Things could not have happened the way the commonwealth claims they did,” Dematt said.
District Attorney Nicole Ziccarelli said no decision has been reached whether to continue to prosecute Hartung.
”Our office continues to fully support the young victim involved in this case. After reviewing the case file, communicating with the victim and her family and considering the nature and seriousness of the offenses, we will make a determination that balances the safety of the community with the well-being of the victim,” according to a statement released Thursday by the district attorney’s office.
