"2nd trial for rape charges dropped"

PORT TOWNSEND -- A second trial for a man accused of child rape and molestation scheduled for Monday will not take place because the prosecution has decided to not retry the case.

Harold Peacock, 69, will still face charges of assault on a child.

Peacock was tried on two counts of rape of a child in the first degree and three counts of child molestation in the first degree, but on May 11 a jury said it was unable to reach a verdict.

Seven jurors favored acquittal and five voted that he was guilty, said one of the jurors, Steve Oakford.

At the time, Deputy Prosecuting Attorney Scott Rosekrans said he would continue with the retrial, and planned to contact the jurors about why they voted as they did and what information would have changed their minds.

After talking to the jurors and a witness, Rosekrans announced Tuesday that the second trial would not proceed.

Rosekrans said that he will meet with Peacock's attorney, David Allen, in the next week or so to determine the disposition of the assault case.

"I felt that the case should have ended after the first trial," Allen said. "I think our case was actually improving since then."

Allen said he was relieved that Peacock would not face retrial "where the penalty would essentially be a life sentence."

Both Rosekrans and Allen said the assault charge was less serious than the molestation/rape charges.

Peacock continues to be restricted to his home, a condition that originated from the assault charge, according to Rosekrans.

"I think we had a credible witness," Rosekrans said. "Even though we were not able to convict, it was important that she had her day in court."