Prosecutors struck a novel deal Monday with a Colorado Springs man whose sex-assault trial ended in partial deadlock last month.
After a two-week trial, Keenan Miller, 22, was convicted of first-degree kidnapping and other counts, but a six-man, six-woman jury failed to reach an accord on whether he was also guilty of sexually assaulting the victim, a 15-year-old girl.
In a written agreement tendered to 4th Judicial District Judge Larry E. Schwartz, prosecutors said they would re-try Miller for rape only if he succeeds in overturning his kidnapping conviction, which carries an automatic life sentence.
Public defenders Chad Miller and Shawn Witkus signed off on the arrangement with Miller’s support, agreeing to waive speedy trial claims while the appeal is pending.
Prosecutors say they will toss the charges only if Miller’s appeal fails.
Miller, who is scheduled to receive his life sentence on Oct. 15, is one of two men accused of raping the girl at gunpoint in the Feb. 7, 2012 episode.
His co-defendant, Mario Raxon, is due for trial in September, also accused of rape and kidnapping.