May 13-A former University of Colorado Boulder student accused of rape whose first trial ended with a hung jury was found not guilty Friday on two sex assault counts, but a jury was once again unable to reach a unanimous verdict on a third sex assault charge.
Braedon Marcus Bellamy, 23, was found not guilty Friday of sexual assault - physically helpless, sexual assault - overcoming victim's will, while the jury was hung on one count of sexual assault - victim incapable of appraising conduct.
The verdict came Friday after a four-day trial.
"As in every trial, we appreciate the jury's service and respect their verdicts," Boulder District Attorney Michael Dougherty said in a statement. "We want to acknowledge the victim for her courage and strength in coming forward and going through both of these trials. Our Sex Crimes Unit is committed to fighting for justice and ensuring that victims are supported through these difficult cases."
Bellamy's defense attorneys did not return requests for comment.
Because the jury did not reach a unanimous verdict on the sexual assault - victim incapable of appraising conduct charge, prosecutors could choose to hold a third trial on that count.
Dougherty said his office has not yet made a decision on whether to pursue another trial.
"Our office will meet with the victim again, carefully evaluate the evidence and the jury's verdict, and determine whether it makes sense to take the case to trial again," Dougherty said.
According to an affidavit, a woman reported to police that Bellamy sexually assaulted her on May 30, 2020.
The exact location of the assault was redacted in the affidavit, but the report stated the assault occurred on CU's Boulder campus and was investigated by CU Boulder police.
The woman said she was platonic friends with Bellamy, and that she was hanging out with him and another friend in his unit drinking alcohol and playing drinking games.
The woman told police that she became intoxicated and did not remember parts of the night, but the third friend said the woman was visibly intoxicated and became sick.
The woman said she woke up early the next morning on the floor of Bellamy's room to Bellamy sexually assaulting her.
After the assault, the woman went out of the room and told her friend what had happened, then went to the hospital for a sex assault examination. The examination found several injuries consistent with her description of the assault and Bellamy's DNA on the woman.
Bellamy told police the sex was consensual, and during the initial trial defense attorneys said Bellamy did not know the woman was too intoxicated to consent.