The Boulder District Attorney’s Office will continue to move forward with prosecuting a former University of Colorado Boulder student accused of rape after the first trial in the case ended with a hung jury.
Braedon Marcus Bellamy, 22, is charged with sexual assault – physically helpless, sexual assault – overcoming victim’s will and sexual assault – victim incapable of appraising conduct.
Following a weeklong trial, a jury deliberated the case for about half a day Friday before concluding they would not be able to reach a unanimous verdict. As a result, a mistrial was declared in the case.
On Saturday, Boulder County District Attorney’s Office spokeswoman Shannon Carbone wrote in an email that the office is planning on moving forward with a retrial.
“The DA’s Office appreciates the service of the jurors,” Carbone wrote. “Unfortunately, since the jury was unable to reach a verdict, our office will ask that the case be set for another trial date. We remain in close communication with the victim and witnesses; we will continue to speak with them about the next steps.”
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 trial defense attorneys said Bellamy did not know the woman was too intoxicated to consent.
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