Mistrial: Jury can't decide if massage therapist sexually assaulted client - NJ.com

[massage]

Raude Guerrier (Photo by Dave Hutchinson | NJ Advance Media for NJ.com)

SOMERVILLE — The trial of a massage therapist who was accused of sexually assaulting a female customer during a full-body massage in 2013 ended Friday when Somerset County Superior Court Judge Julie M. Marino declared a mistrial.

Raude Guerrier, 36, of Orange was on trial for second-degree sexual assault and was facing a five- to 10-year prison term had he been found guilty.
Jurors deliberated for more than five hours over two days.

On Thursday, the jury sent the judge a note saying they were at an impasse but she ordered them to continue deliberations. Shortly before 3 p.m. Friday, jurors send out a second note saying that they felt any further deliberations would be futile.

"We're disappointed we didn't get a verdict," said public defender Mark Imbriani. "It was a hard case for the jury to come to an unanimous decision on. We have to accept their decision and wait to see what is next."

Assistant prosecutor Kathleen Holly declined to comment when asked if she plans to retry the case.

Both sides are scheduled to return to court for a status hearing on Nov. 20.

RELATED: Massage therapist allegedly sexually assaults female patron during treatment
On Sept. 30, 2013 at approximately 8:30 p.m., Warren police responded to the Massage Envy on Mount Bethel Road for a report of a patron who was touched inappropriately during a massage session, authorities said.

The victim told police that during a full-body massage Guerrier touched her vagina, authorities said.

During the trial, Guerrier testified that he "misread" his customer's body language. He said the customer smiled, scratched the bottom of his hand and spread her legs apart at her feet.

Guerrier said he "got carried away" and put his finger one to two inches inside the customer's vagina.

The defense contented that the sex act was consensual.

According to testimony, when the customer asked if that was part of the massage, Guerrier removed his finger. The customer, however, remained on the table and continued receiving the massage, according to testimony.

Afterwards, Guerrier apologized to the patron, according to testimony. When police arrived, he confessed to what he had done, according to testimony.

Dave Hutchinson may be reached at [email protected]. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.
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