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Conviction Tossed In Santa Clara Co. Molest Case

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Sep 25, 2009 4:51 pm US/Pacific

Conviction Tossed In Santa Clara Co. Molest Case

CBS 5 CrimeWatch

SAN JOSE (CBS 5 / AP) ―

Click to enlarge 1 of 1: CBS

A state appeals court has tossed out the conviction and nearly 293-year sentence of a Santa Clara County man charged with molesting three teen brothers.

The 6th District Court of Appeal ruled Tuesday that the trial judge erred in dismissing the one juror who would have voted that Ronald Rivers was not guilty during his 2007 trial.

The appeals court said Santa Clara County Judge Jerome Brock improperly replaced a juror less than an hour into deliberation when the juror announced he didn't believe the prosecution's witnesses and intended to vote not guilty. It wrote that jurors are allowed to quickly make up their minds as long as they participate in deliberations.

The court says prosecutors now must either hold a new trial, offer a plea bargain or dismiss the case.