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Trial of former deputy ends in mistrial

Posted: March 5, 2013 - 4:24pm  |  Updated: March 5, 2013 - 4:26pm

Twitter @ValerieRowell

 

The trial of a former Columbia County sheriff’s deputy accused of inappropriately touching an inmate ended in a mistrial Tuesday.

Dererk Wayne McClure, 42, was indicted for sexual assault against a person in custody in Feb. 2011.

The trial began Monday and ended when Superior Court Judge Carl C. Brown Jr. declared a mistrial Tuesday afternoon, according to Assistant District Attorney Laura Stewart, who prosecuted the case.

“They got a mistrial while they were playing a (videotaped) statement of the defendant, where it was discussed whether or not he would take a polygraph,” District Attorney Ashley Wright said.

Brown made what Wright called a “standard” ruling not to allow polygraph results as evidence unless it was agreed to by the prosecution and the defense. Any reference to them would cause a mistrial. Allowing the taped interview to mention the polygraph to the jurors was “inadvertent,” Wright said.

McClure’s trial will be rescheduled.

He was fired and arrested Nov. 3. A female inmate of the Columbia County Detention Center told police on Oct. 27 that McClure sexually assaulted her while transporting her from her home to the jail the previous night.

The indictment accuses McClure of touching her breast.

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