Golden – The trial for a Denver sheriff’s deputy accused of sexually assaulting a 14-year-old ended in a hung jury Thursday evening..
The jury told Jefferson County District Court Judge M.J. Menendez a few hours after getting the case involving John Ray Luna that it had reached an impasse.
Menendez instructed the jury to try again, but the jury returned, saying members could not agree on whether the prosecution proved that Luna had assaulted the girl a year ago while he gave her a ride to work.
Prosecutor Zak Phillips said the case will be retried. A status hearing will be held March 29.
Luna, 47, has been charged with one count of sexual assault on a child younger than 15. Luna, a 13-year veteran with the sheriff’s office, has denied the accusations. He has been on paid investigative leave.
In closing arguments earlier Thursday, Phillips said the girl just wanted a ride to work. “She didn’t want to be touched, pinched, grabbed and groped.”
Defense attorney Gary Lozow said Luna did not have the opportunity in the 2-minute drive in a truck with bucket seats while wearing a seat belt to “scoot” over to the girl and do what she claims he did.
The Wheat Ridge girl, who now is 15, claims Luna touched her buttocks and breast, rubbed her leg and tried to reach under her shirt during the ride.
The Denver Post does not identify alleged sexual assault victims.
Lozow said Luna dropped the girl off at the front door of the bar where she bussed tables. “Why not take her to an isolated location?” he asked.
Phillips said Luna had “a moment of opportunity” in a truck with tinted windows to accost the girl after telling her that he and his wife were breaking up.
The girl jumped out of the truck “and immediately called her mom” at work who told her to call police.
Lozow countered that the girl’s mother didn’t ask if the girl was hurt, saying, “Go for it. Maybe we can get Luna arrested.”
The girl and Luna’s stepdaughter had a long feud. The investigating detective did not ask about a history of problems between the parties, who had been neighbors, Lozow said.
Phillips responded that Lozow wanted the jury not to believe the girl’s story “because of an issue in 2004 between two girls.
“That’s a ridiculous story,” Phillips said, “that she waited a year and a half to get back at Luna’s daughter by saying her dad touched her breasts.”
Staff writer Ann Schrader can be reached at 303-278-3217 or aschrader@denverpost.com.
