A jury of three women and nine men found Brian Douglas Baxter, of 541 Furnace Hills Pike, not guilty of rape of an unconscious victim. The jury did find him guilty of aggravated indecent assault, indecent assault, sexual assault, statutory sexual assault and corruption of minors.

Before the jury began deliberations, Assistant District Attorney Jeff Conrad withdrew one count of forcible rape.

"Based on case law, I could not show force," Conrad said after the trial. "I could attempt to show unconsciousness, but I didn't want the jury to get caught up in something that would confuse them."

Despite the acquittal on the most serious charge, Conrad called the verdict a victory for the prosecution.

"I was pleased that the jury properly analyzed the facts," he said. "I needed them to make a mental leap based on circumstantial evidence. I was pleased that they did that."

The verdict was reached after three hours of deliberation.

Defense attorney Merrill Spahn said he was disappointed and plans to appeal.

"I don't doubt that the jury took their duty in this case very seriously," Spahn said, "but I have some concerns about their seemingly inconsistent verdicts."

After the jury left the courtroom, Spahn asked Judge Joseph C. Madenspacher to acquit Baxter on the charge of sexual assault.

"It is essentially the same charge as the one for which he was found not guilty," Spahn told the judge.

Madenspacher denied the request.

Madenspacher also denied several of Spahn's motions for a mistrial before the jury began deliberations. The judge did admonish Conrad, however, for pointing to a juror during his closing arguments.

Friday, jurors heard testimony from the girl, who said she accompanied her two brothers, Baxter and his son to Baxter's cabin at Spring Lake Camp in Elizabeth Township in summer 2002.

The girl, now 17, accused Baxter of fondling her in a hot tub before drugging her, dragging her to his bedroom and raping her while she was unconscious. After receiving a routine PAP smear test at her physician's office in June 2003, she was informed she had the HPV virus, a sexually transmitted disease commonly known as genital warts.

Tuesday, the jury heard two taped conversations between Baxter and the girl, which were recorded by state police.

In the first, recorded Oct. 17, 2003, the girl tells Baxter she has a venereal disease.

"What should I do?" the girl asks. "The doctor wants a list of people I've had sex with. You're the only person I've been with. I haven't been with anybody else."

"Well, it's not me," Baxter says on the tape. "I don't have anything like that."

Nevertheless, Baxter tells the girl he will get tested and asks her to call him back the following day. "Call me then," he says on the tape, "and we'll figure out a game plan."

The second conversation, recorded Friday, Oct. 18, 2003, is more emotional and lasts more than an hour. Baxter fluctuates between apologies, denials and lack of recall.

"I'm a thousand percent sure I didn't give this to you," Baxter tells the girl. "You can't get an STD from a touch. I made an appointment for Monday and after that, we'll have all the answers."

Spahn called two of the girl's former high school friends, who testified she said another man raped her and gave her the disease.

Baxter's girlfriend also took the witness stand. She had a PAP smear done Nov. 5, 2003, and her test was negative for any type of sexually transmitted disease.

Madenspacher ordered an investigation into Baxter's background before scheduling a sentencing date.

Justin Quinn's e-mail address is jquinn@lnpnews.com