Everson jury sent home for the night

The jury deciding the fate of a former University of Iowa football player charged with sex abuse went home without a verdict Wednesday after nearly seven hours of deliberations.

The jury of eight men and four women will return at 9 a.m. Thursday, Jan. 20.

Cedric Everson III, 21, is charged with third-degree sex abuse based on allegations he sexually assaulted an intoxicated woman in a UI dorm room on Oct. 14, 2007. The charge carries up to 10 years in prison without the possibility of probation.

The jury could choose lesser charges of assault with intent to commit sex abuse or assault.

The only word from the jury Wednesday came around 11:45 a.m., when they asked Judge Paul Miller whether they could review the videotaped testimony of Christine Kuczek, a former UI swimmer and the best friend of the woman. Kuczek, who has a job outside of Iowa, was the only witness who did not appear in person.

Miller and the attorneys agreed the jury could not review the video - or transcripts of other witnesses - and sent a response to the jury to that effect.

Kuczek's 45-minute testimony last week include statements about drinking with the woman the night before the alleged assault and finding the woman outside Kuczek's room the next morning. The woman's hands were covered in blood and she was crying, Kuczek said.

“She told me she was raped,” Kuczek said.

Defense attorney Leon Spies asked Kuczek whether the woman said anything about Everson being involved in the incident.

“No, his name didn't come up,” Kuczek said.

The woman testified last week she did not know Everson had sexually assaulted her until police told her several weeks later. Everson's semen was found inside the woman's vagina, but she had no memory of him from that night.

Everson was originally charged with second-degree sex abuse, based on allegations he and teammate Abe Satterfield collaborated in sexually assaulting the woman while she was passed out. Miller threw out the second-degree charge earlier this week, saying there wasn't enough evidence to prove that Satterfield was involved.

Everson did not testify in his trial and the defense called no witnesses. Spies said his client had consensual sex with the woman.