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Hung jury in second trial

The man is accused of holding a woman against her will, battering her and exposing himself. His first trial in July ended on a legal snag.

By JAMAL THALJI
Published August 25, 2005

DADE CITY - Unexpected twists and turns have become the norm for the criminal case against Darin Salters. Wednesday afternoon's bizarre developments were no exception.

After three hours and 40 minutes, a jury of four men and two women deadlocked on charges the 36-year-old Wesley Chapel man forced his way into a neighbor's home in February, held her against her will, battered her and exposed himself.

It was the second jury to try Salters. The first was sent home in July because of a judge's verbal slip.

After the jurors left the Pasco County Courthouse about 5:30 p.m. Wednesday, though, a bailiff discovered a completed verdict form in the jury room.

It was for count three: tampering with a witness.

The "not guilty" box was checked.

It was signed.

But the jurors told Circuit Judge Lynn Tepper they couldn't decide on any of the five charges against Salters.

Did they somehow acquit Salters of this crime?

"I don't have the slightest idea what that means," said Assistant Public Defender Bob Focht. "I can think of over a million questions and have none of the answers."

A hearing on that issue will be held Sept. 15. Salters' third trial on charges of burglary, false imprisonment, battery, exposure of sexual organs and, as of now, tampering with a witness, is Sept. 26.

However, that was also Salters' trial date on 2003 charges that he broke into another neighbor's house and raped her at knifepoint. He faces life in prison.

In that case, he was freed by an appellate court because of a legal error. That trial was once set for February, but Salters was arrested days before on the new charges that resulted in Wednesday's hung jury. No decision was made about what to do with that trial.

In the February case, Salters went to the woman's house about 8 p.m., authorities say, grabbed her while she was taking out the garbage, threw her inside and pushed her to the floor, holding her arms spread-eagled.

"He shoved her back inside," Assistant State Attorney Stacey Sumner told jurors, "threw her down and said "I'm going to rape you.' "

The 59-year-old woman, whose name is being withheld by the St. Petersburg Times because of the nature of the allegations, testified Tuesday morning. She said Salters, a stranger, had her shower naked, then joined her. Later, he smoked crack next to her. She also said he dragged her back inside when she tried to escape, and that she talked him into leaving.

Salters took the stand Wednesday morning and gave a different account, claiming he knew the woman and that they both showered in the house but never together.

His attorney hammered on inconsistencies in the victim's accounts. What she said then, Focht said, didn't match what she said now, or what Salters said.

One glaring point, according to Focht, was the victim saying the two never touched in the shower.

"If that's what happened," Focht told jurors, "then I submit to you that everything else she testified about is incredible."

If the victim did or said anything unusual, the prosecutor said, it was because she was desperate to save her life.

"She babbled and blabbed so she would be able to escape this," Sumner said.

The jury was deadlocked as soon as they entered the room, said juror Finley Jackson, 66, of Dade City. It was 4-2 for guilt on all charges, but the two had already decided not to believe the state, or the woman, he said.

"It was steadfast from the get-go," he said.

Jackson said he was ready to convict Salters. Jurors could not be told about the 2003 charges facing Salters. Afterward, when a victim's advocate told Jackson about the sexual battery allegation, the juror said he felt better about his choice.

"I thought he lied from the time he sat down," Jackson said.

[Last modified August 25, 2005, 01:23:19]