Alcorn County sexual battery case ends in mistrial

county_alcorn_greenBy Lena Mitchell

Daily Journal Corinth Bureau

CORINTH – The trial of an Alcorn County preacher accused of sexual battery of a child ended late Friday in a mistrial.

After more than five hours of deliberation the jury sent a note to Judge James L. Roberts Jr. saying they were unable to agree on a verdict.

Roberts brought the jury back into the courtroom about 8:15 p.m. and asked the jury foreman if there was any possibility that with further deliberation the jury would be able to reach a unanimous verdict, to which the foreman replied no.

The jury listened to two days of testimony Wednesday and Thursday and closing arguments Friday afternoon, in the case of Timothy Daniel Nall, 59, who was accused of using his finger to sexually penetrate a then-6-year-old child.

The incidents were alleged to have occurred in the home of and unbeknownst to the child’s grandparents, as they were seated around a kitchen table with the child in the minister’s lap.

The 8-year-old alleged victim, her mother who filed the complaint, the sheriff’s investigator and a forensic interviewer who interviewed the child about details of the alleged incidents, took the stand for the prosecution, led by Assistant District Attorney Greg Meyer with Assistant District Attorney April Bostick Braddock.

Defense attorney Phil Hinton called witnesses that included a nurse practitioner who, in her examination of the child, said she found no evidence of scarring, no healed injuries or signs of trauma that had healed and who described the vaginal exam as “normal.” Nall also testified in his own defense.

A grand jury filed charges against Nall in June 2013 after the child’s mother filed a complaint in April 2013 with the Alcorn County Sheriff’s Department, saying the incidents had occurred regularly in the home of the child’s grandparents between August 2012 and April 2013.

After declaring the mistrial, Roberts said his calendar is open for an Oct. 27, retrial, but the district attorney’s office must make a determination of whether and when the case might be retried.

Nall’s release on $15,000 bond continues.

Click video to hear audio