Hung jury in Spotsylvania molestation case

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By KEITH EPPS THE FREE LANCE–STAR Aug 24, 2017

A Spotsylvania County jury deliberated for several hours Wednesday night but was unable to agree on whether a county man molested a teenage girl in 2014.

Borja Medina, 70, is charged with aggravated sexual battery. Judge Ricardo Rigual declared a mistrial after a jury announced that it was hopelessly deadlocked.

A new trial for Medina is scheduled for Nov. 6 in Spotsylvania Circuit Court.

According to the evidence presented by prosecutor Amanda Sweeney, Medina was in a relationship with the victim’s mother, who is in this country illegally from El Salvador and is about 25 years younger than Medina.

Last year, police went to Medina’s home in response to reports of him firing gunshots and making threats. During that investigation, police were told about an assault against the mother three weeks earlier and a sexual assault against the girl two years earlier, when she was 14.

The girl testified Wednesday that she went into a bedroom one morning around Sept. 1, 2014, to retrieve her cellphone. She said Medina told her she could get the phone only if she let him have contact with her breasts.

The mother said she walked in and saw the girl hastily pulling down her shirt and that when she checked the girl, she saw evidence of the contact.

Defense attorney Jonathan David argued that the story was made up and suggested that it was part of a ploy for the mother, who has already been deported once, to stay in the country. Medina had financially assisted the mother and child in their efforts to become legal residents. The child is legally in the country. David questioned the mother at length regarding her immigration status.

A source said the majority of jurors supported a guilty verdict, but criminal convictions require a unanimous decision.Keith Epps: 540/374-5404