MARQUETTE -- Update 5:49 p.m. Eastern
Not guilty on all counts. That was the verdict delivered to 40-year-old Edward James Charboneau of Marquette earlier today.
He faced five counts of criminal sexual conduct with a nine-year-old female family member.
Friday was the tense conclusion to a five-day trial and more than six hours of jury deliberations. The jury reconvened at 9 a.m., and at one point it seemed like there might not be a verdict for this trial at all.
That changed at 11:30 a.m., when the jury announced they had reached a verdict.
Edward James Charboneau dabbed at his tears in the minutes leading up to the verdict.
Just about an hour earlier the jury had written a note to the judge announcing they would not able to come to a unanimous decision, followed by a second note asking for the definition of "reasonable doubt."
Judge Thomas Solka reread the Marquette County Circuit Court's instructions on reasonable doubt and sent the jury back into deliberations, not convinced they were truly deadlocked..
After nearly six hours of deliberations, the jury returned to the courtroom with a verdict: not guilty on all five counts of sexual criminal conduct.
In an off camera interview with TV6, Charboneau stated:
"It is my sincere and heartfelt hope that everybody can start healing from this. But most importantly, there's a three year-old boy and a five year old girl who are more important then me. I hope the prosecution will not feel the need to try to cut their loss by redoing all of this in the parental rights matter. That (my kids) can being to have some normality in their lives."
Charboneau was referring to his two biological children not involved in the case that he fathered with the alleged victim's mother.
The Marquette County Prosecutor's office says bringing the case to court, even with its final outcome, was the right thing to do.
"when evidence warrants going to trial, that doesn't mean guilty verdicts each and every time, any prosecutor that tells you they never lose cases isn't trying the appropriate number of cases," says Prosecuting Attorney Gary Walker.
The not guilty verdicts clear Charboneau of the five criminal sexual conduct charges. However, Charboneau claimed that this trial came about because of a custody dispute with his ex-wife over the couple's two biological children. That case still has to be settled in the civil and family courts.
Update 11:00 a.m. EST
Judge Thomas Solka was sent two notes from the jury around 11 a.m.
The first note said that the jury was unable to reach a unanimous decision.
The second note asked for the definition of the word reasonable, as it pertains to reasonable doubt. The judge brought the jury back in to the court, where he told them he didn't believe they were deadlocked and that the jury was to continue deliberation.
The judge then read the guidelines for the deliberation again, including the part about reasonable doubt.
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The trial of Edward James Charboneau, 40, got back underway Friday morning.
The jury resumed the day, after not reaching a verdict on Thursday, by asking to examine the cross-examination of the victim around 9:30 a.m.
We'll get updated information on this trial as it continues.
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