The Delaware Department of Justice announced on July 15 that the State of Delaware would be moving forward in retrying former state senate candidate Eric Bodenweiser on charges stemming from allegations that he had unlawful sexual contact with a boy more than 20 years ago, when that boy was as young as 10.
Joe Hurley, one of Bodenweiser’s defense attorneys, said mid-week that he would be filing a motion to move the trial to Kent County, citing the publicity the high-profile case has received and its potential to taint the jury pool for a retrial.
During his first trial this past May, Bodenweiser, 55, of Georgetown, faced 10 counts of first-degree unlawful sexual intercourse and five counts of second-degree unlawful sexual contact. He pleaded not-guilty to all 15 charges.
The jury in the first trial had the option of convicting Bodenweiser on third-degree unlawful sexual intercourse charges instead of first-degree. The lesser charge carries a two- to 25-year jail sentence instead of 20-years-to-life.
The alleged crimes took place October 1987 and August 1990, starting, the alleged victim said, when he was 10 years old.
On June 16, Superior Court Judge E. Scott Bradley declared a mistrial, after a jury of 12 people could not come to a unanimous decision on any of the charges during eight hours of deliberation.
A status conference for the case was scheduled for July 23.