The Herald Bulletin

October 17, 2013

Hung jury in confinement case: 11 say 'not guilty'

By Jack Molitor
The Herald Bulletin

---- — ANDERSON — A hung jury has delayed a criminal trial involving a man accused of attacking his daughter in 2011.

On Wednesday, 11 jurors entered a verdict of "not guilty" after the two-day trial, but one woman was steadfast on a "guilty" verdict for David E. Arnold, 46, of Anderson, who was charged with criminal confinement, battery and interference with reporting a crime.

According to the probable cause affidavit, on Sept. 13, 2011, the woman reported that she and Arnold had a heated argument early that morning after she returned to her home in the 900 block of Ellenhurst Drive.

She told police that her father refused to leave the home after she asked him, and when she told him she would call the police, he allegedly got violent and pinned her down on the couch for about 10 minutes.

However, at trial on Tuesday, the daughter changed her story and denied remembering anything from that night, continually saying, "I don't know," and explaining that she was drunk that night.

"Why can't you just let us move on from all this," she said during questioning on the witness stand.

Defense attorney Zaki Ali asked the woman if she had received the bruises from jumping on the hood of Arnold's truck during the incident. She replied that she didn't know.

According to Ali, prosecutors will need to decide whether to retry Arnold, and a preliminary trial date has already been set for April 2014.

"It depends on if the state wants to bring (the victim) back through all the anguish of testifying," he said.

Ali said he believes the investigation of the case lacked substance the jury was looking for to legitimize the allegations.

"After talking with a few of the jurors, they had difficulty with the state's case," he said.

Summerfield couldn't be reached for comment on Thursday.

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