Local jury deadlocks in sex case

Retrial scheduled to start Oct. 30

A Flathead County jury was unable to agree on a verdict in the trial of Darwin Berosik.

Jurors deliberated for more than six hours Thursday and tried again to reach a consensus Friday morning.

In the end, they could not decide on three charges of sex crimes involving teenage girls.

Berosik testified during the four-day trial and flatly denied abusing the girls.

Deputy County Attorney Tammi Fisher said the case will be retried on Oct. 30.

She said a juror "wanted DNA

evidence. They all felt he was guilty of something."

According to Fisher, the panel split 7 to 5 on a not-guilty verdict involving one girl; 10 to 2 on a guilty verdict involving another; and 10 to 2 on a not-guilty verdict involving the third girl.

Prosecutors Fisher and Tim Wenz alleged that in 1999 and 2005, Berosik coerced girls into having sex with him. The girls testified about their allegations. The prosecution also called two witnesses who said Berosik had made comments about seeing one of the girls naked and wishing that two of them would engage in sex for him.

Berosik, however, maintained his innocence.

During the trial, the person who posted Berosik's bond asked that it be revoked. A bail bondsman notified the court of the decision to rescind the $90,000 bond and Berosik was taken to jail at the end of the trial day.

Berosik remains in jail.

Fisher said prosecutors will try to introduce more evidence at Berosik's retrial. For this week's trial, testimony was excluded about pornography he allegedly gave the girls describing sex between adults and girls.

It was, Fisher said, Berosik's way of introducing the idea to the girls.

"I will go to my deathbed trying to get him in prison," she said of Berosik.

Attorney Lane Bennett, who defended Berosik, was unavailable for comment.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com